‘Innocent owners’ would have less to prove

If someone gets arrested for driving drunk in your car, you’d have an easier time getting the vehicle back from police under a bill approved Tuesday by the House Civil Law and Data Practices Committee.

Current state civil-forfeiture law obliges vehicle owners to prove they didn’t know their vehicles would be used to break a law. Under HF456, sponsored by Rep. Peggy Scott (R-Andover), they would need to prove they owned the car and weren’t the offending party. It would be up to prosecutors to prove that owners actually knew or should have known a crime would be committed — or that they consented to the commission of the crime.

The bill goes next to the House Public Safety and Crime Prevention Policy and Finance Committee. The companion, SF384, sponsored by Sen. Scott Newman (R-Hutchinson), awaits action by the Senate Judiciary Committee.

Among testifiers in favor of the bill was former U.S. Sen. Dean Barkley, who said he found himself “presumed guilty” last year after his son took his car and got a DWI. He told the House panel he tried to get his car back from Golden Valley police as an innocent owner, but prosecutors delayed a hearing for five months. When his day in court finally arrived, Barkley said, “It took the judge two seconds to rule in my favor.”

Barkley’s experience “demonstrates that courtroom doors are open” to property owners seeking innocent owner status, said Robert Small, executive director of the Minnesota County Attorneys Association, a group opposing the bill. He also said HF456 would give prosecutors too little time to investigate a case before an innocent-owner hearing.

“Sure, Barkley eventually got his car back,” said Max Keller, representing the Minnesota Association of Criminal Defense Lawyers, which he said supports the bill. “That means the current law works? He was deprived of his car for five months. … It doesn’t sound like it to me.”

The bill also covers civil forfeitures related to other crimes, including controlled-substance violations and drive-by shootings. It contains a provision under which judges may give owners their cars back even if they did know about crimes, if the owners need the cars to get to jobs or child care.

Rep. Debra Hilstrom (DFL-Brooklyn Center) asked Scott whether she intended for her bill to let owners who know their cars will be used in drive-by shootings to have their cars returned from police seizure, if they need them for child care. Scott said she welcomed improvements to the bill.