Agenda - Council - 08/22/1995 - Laserfiche WebLink

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609.5314 ~RIMINAL CODE 162 DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA STATUTES, SECTION 609.5314, SUBDIVISION 3, YOU LOSE THE RIGHT TO A JUDICIAL DETERMINATION OF THIS FORYEITURE AND YOU LOSE ANY RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY. YOU MAY NOT ~AVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE UNABLE TO AFFORD THE FEE. YOU DO NOT HAVE TO PAY THE FILIN~ FEE IF THE PROPERTY IS WORTH LESS THAN $500 AND YOU FILE YOUR~ CLAIM IN CONCILIATION COURT." Stlbd 3. Judicial determination. (a) Within 60 days follow/ng service of a notice of seizure and forfeiture under this section, a claimant may file a demand for a judicial determination of the forfeiture. The demand must be in the form of a civil complaint and must be filed with the court administrator in the county in which the' seizure occurred, together with proof of service of a copy of the complaint on the county attor- ney fo~ that county, and the standard filing fee for civil actions unless the petitioner has the ri .~.~ t to sue in forma.pauperis under section 563.0t. If the value of the seized prop- erty isiless than $500, the claimant may file an action in conciliation court for recovery of thei~eized property without paying the conciliation court filing fee. No responsive plead~g is required of the county attorney and no court fees may be charged for the county attorney's appearance in the matter. The proceedings are governed by the rules of civil procedure. (b) The complaint must be captioned in the name of the claimant as plaintiff' and the se/zed property as defendant, and must state with specificity the grounds on which the cl~imant alleges the property was improperly seized and the plaintiff's interest in the p~perty seized. Notwithstanding any law to the contrary, an action for the return of prOPerty seized under this Section may not be maintained by or on behalf of any per- son ~,ho has been served with a notice of seizure and forfeiture unless the person has comphed with this subdivision. (6) If the claimant makes a timely demand for judicial determination under this subdivision, the appropriate agency must conduct the forfeiture under section 609.531, subdivision 6a. : (fl) If a demand for judicial determination of an administrative forfeiture is filed unde~ this subdivision and the court orders the return of the seized property, the court shall ~rder that filing fees be reimbursed to the person who filed the demand. In addi- tion, lhe court may order the payment of reasonable costs, expenses, and attorney fees unde~ section 549.21,.subdivision 2. If the court orders payment of these costs, they must!be paid from forfeited money or proceeds from the sale of forfeited property from the a~propriate law enforcement and prosecuting agencies in the same proportion as they ~ould be distributed under section 609.5315, subdivision 5. History: I988 c 665 s I_4; 1_989 c 290 art 3 s 3I; I991 c 323 s 2,3; 1993 c 326 art l 60[}.5315 DISPOSITION OF FORFEITED PROPERTY. ~ubdivision 1. Disposition. If the court finds under section 609.5313,609.5314, or 609.~318 that the property is subject to forfeiture, it shall order the appropriate agency to: ii ~1) destroy all weapons used, firearms, ammunition, and firearm accessories that .~the {gency decides not to use for law enforcement purposes under clause (6), unless the ager/Cy determines that there is goo~l reason not to destroy a particular item; ~2) sell property that is not required to be destroyed by law and is not harmful to the ~ublic and distribute the proceeds under subdivision 5; ~3) take custody of the property and remove it for disposition in accordance with i!4) forward the property to the federal drug enforcement administration; i(5) disburse money as provided under subdivision 5; or ii6) keep property other than money for official use by the agency and the prosecut- ing ~gency. 163 Subd. 2. Disposition of admi; administratively under sectiol!~' ruination is made, the appro: ways listed in subdivision 1, · used, firearms, ammunition, anc for law enforcement purpose~ Subd. 3. Use by law enfola: only in the performance of agency arid may not be used fm forfeited motor vehicle for ol:i the motor vehicle is available~r ipate in the drug abuse resistanc: (b) Proceeds from the s~.i bursed'as provided in subdi fll., Subd. 4. Distribution o derived from or traced to the cc tion 609.66, subdivision lc, ture, and sale expenses, and~ any court-ordered restitutiollt Subd. 5. Distribution of m~ property, after payment of tion of valid liens against ti ('i) 70 percent of the ri~r :~ '1 agency for deposit as a supple:a use in law enforcement; ~ (2) 20 percent of the m~e'. or other prosecuting agency th, (3) 'the remaining ten 60 days after resolution of tlr fund. An~ local police relief as or was entitled to receive t~ effective date of Laws 1988~_I: retain the proceeds of the~i~s.: Subd. Sa. Disposition of ·" the sale of motor vehiclesl~ against the vehicle, shall r~ (1) 40 percent of the p~ posit as a supplement to enforcement; · .'~ (2) 20 percent of the pre · fund or similar fund for (3) the remaining ' for distribution to neighbo' Subd. 6. Reporting r~, record of each forfeiturel amount forfeited, date, am ord shall also list the num:' bet of each firearm forfeim prescribed by the state au~ on the nature and extenill Subd. 7. Firearms. Ti: the seizure of an aband~ return it to the lawful o~1 History: 1_988 c 665 ~-. I