SF4625 - Criminal Forfeiture Process Summary

• Establishes a new unified criminal forfeiture process in Minnesota (section 609.112) requiring property forfeiture only after criminal conviction, eliminating separate civil forfeiture proceedings.

• Requires clear and convincing evidence that property is an instrumentality or proceeds of a designated offense; allows forfeiture of contraband, proceeds, and instrumentalities used in crimes including drug trafficking, theft, and weapons violations.

• Provides due process protections including prompt post-seizure hearings, notice to property owners, innocent owner and secured creditor defenses, and allows defendants to challenge forfeitures as unconstitutionally excessive.

• Establishes forfeiture proceeds distribution: 70% to law enforcement agency, 20% to prosecuting authority, 10% to state general fund, with special distributions for trafficking and prostitution offenses.

• Repeals existing civil forfeiture statutes (sections 609.531-609.762) and takes effect July 1, 2025; includes conforming amendments and bars state/local agencies from "adopting out" property to federal agencies to circumvent state law.