.................... moves to amend H.F. No. 1535 as follows:
Page 15, after line 28, insert:
"Sec. 17. Minnesota Statutes 2010, section 609.531, subdivision 6a, is amended to read:
Subd. 6a. Forfeiture a civil procedure; conviction results in presumption.
action for forfeiture is a civil in rem action and is independent of any criminal prosecution,
except as provided in this subdivision and section
1.7(b) An asset is subject to a designated offense forfeiture under section 609.5312 only
1.8if the underlying designated offense is established by proof of a criminal conviction.
The appropriate agency handling the forfeiture has the benefit of the evidentiary
presumption of section
609.5314, subdivision 1
but otherwise bears the burden of
1.11 proving the act or omission giving rise to the forfeiture by clear and convincing evidence,
1.12 except that in cases arising under section
609.5312 , the designated offense may only be
1.13 established by a criminal conviction for forfeitures related to controlled substances
1.14(d) For all other forfeitures, the appropriate agency handling the forfeiture bears the
1.15burden of proving the act or omission by clear and convincing evidence.
A court may not issue an order of forfeiture under section
alleged owner of the property is in custody and related criminal proceedings are pending
against the alleged owner. As used in this paragraph, the alleged owner is:
for forfeiture of a motor vehicle,
the alleged owner is
the registered owner
according to records of the Department of Public Safety
for real property,
the alleged owner is
the owner of record
for other property,
the alleged owner is
the person notified by the prosecuting
authority in filing the forfeiture action.
1.24EFFECTIVE DATE.This section is effective July 1, 2011, and applies to
1.25forfeitures initiated on or after that date.
Page 20, after line 20, insert:
"Sec. 24. Minnesota Statutes 2010, section 609.5315, subdivision 6, is amended to read:
Subd. 6. Reporting requirement.
(a) For each forfeiture occurring in the state
regardless of the authority for it, the appropriate agency and the prosecutor shall provide
a written record of the forfeiture incident to the state auditor. The record shall include
the amount forfeited, the statutory authority for the forfeiture, its date, a brief description
of the circumstances involved, and whether the forfeiture was contested. For controlled
substance and driving while impaired forfeitures, the record shall indicate whether the
forfeiture was initiated as an administrative or a judicial forfeiture. The record shall also
list the number of firearms forfeited and the make, model, and serial number of each
firearm forfeited. The record shall indicate how the property was or is to be disposed of.
(b) An appropriate agency or the prosecutor shall report to the state auditor all
instances in which property seized for forfeiture is returned to its owner either because
forfeiture is not pursued or for any other reason.
(c) Reports shall be made on a monthly basis in a manner prescribed by the state
auditor. The state auditor shall report annually to the legislature on the nature and extent
(d) For forfeitures resulting from the activities of multijurisdictional law
enforcement entities, the entity on its own behalf shall report the information required
in this subdivision.
(e) The prosecutor is not required to report information required by this subdivision
unless the prosecutor has been notified by the state auditor that the appropriate agency
has not reported it.
2.23(f) The appropriate agency shall provide a written record under this subdivision to
2.24the state auditor addressing instances in which the agency transfers a proceeding that
2.25involves asset forfeiture to another agency, including the federal government. In addition
2.26to the information required under paragraphs (a) and (b), the record must provide the name
2.27of the agency receiving the case and, if available, the case number.
2.28EFFECTIVE DATE.This section is effective August 1, 2011, and applies to all
2.29cases pending on or after that date.
Renumber the sections in sequence and correct the internal references
Amend the title as follows:
Page 1, line 7, after the semicolon, insert "requiring state law enforcement agencies
to report on the transfer of cases involving forfeiture to the federal government; clarifying
the general criminal code forfeiture law; necessity of conviction and burden of proof;"
Page 1, line 10, delete "subdivision 1" and insert "subdivisions 1, 6a" and after
"5b" insert ", 6"