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MN HF18
Bill
Status
7/13/2020
Primary Sponsor
John Lesch
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AI Summary
HF 18 Summary
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Restricts vehicle forfeiture for driving while impaired to cases where the driver is convicted, fails to appear in court, or has a designated license revocation that is sustained, with exceptions for innocent owners who can demonstrate lack of knowledge or reasonable preventive steps.
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Creates an "innocent owner" claim process allowing non-offending vehicle owners to notify prosecutors within 60 days of seizure and petition courts to recover vehicles by proving they lacked knowledge of unlawful use or took reasonable steps to prevent it.
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Modifies federal equitable sharing participation by prohibiting state agencies from transferring forfeited property to federal agencies if the transfer would circumvent state law, and increases thresholds for conveyance device forfeiture from $75 to $100 in controlled substance cases.
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Expands forfeiture reporting requirements to the state auditor, including detailed financial data, case outcomes, and property disposition, with reports to be made public quarterly on the state auditor's website.
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Appropriates $61,000 in fiscal year 2021 (with $209,000 base for subsequent years) to the state auditor for audit, data collection, and reporting; directs legislative auditor to complete a recidivism study on forfeiture and ignition interlock programs by January 15, 2024.
Legislative Description
Vehicles and property subject to forfeiture limited, property recovery by innocent owners provided, federal equitable sharing program participation modified, reports required, and money appropriated.
Last Action
Introduction and first reading, referred to Judiciary Finance and Civil Law Division
7/13/2020