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MN SF4575

Bill

Status

Introduced

5/4/2022

Primary Sponsor

Scott Newman

Click for details

Origin

Senate

92nd Legislature 2021-2022

AI Summary

  • Replaces Minnesota's civil forfeiture system with a criminal forfeiture process requiring a conviction before property can be forfeited, effective July 1, 2023.

  • Requires prosecuting authorities to notify property owners and other interested parties of seizures, with protections including prompt postseizure hearings and waiver prohibitions by non-prosecuting law enforcement.

  • Establishes "clear and convincing evidence" as the standard to prove property is an instrumentality or proceeds of crime, allows proportionality challenges, and protects innocent owners and secured interest holders from forfeiture.

  • Exempts homestead property, currency under $500, and motor vehicles valued under $5,000 from seizure and forfeiture (except vehicles used in DWI or certain felonies).

  • Restricts federal adoption of seized property and joint task force transfers to federal agencies, prohibits law enforcement from directly selling forfeited property to employees or related parties, and requires annual reporting to the state auditor on all forfeitures.

Legislative Description

Criminal forfeiture process establishment

Last Action

Referred to Judiciary and Public Safety Finance and Policy

5/4/2022

Committee Referrals

Judiciary and Public Safety Finance and Policy5/4/2022

Full Bill Text

No bill text available