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162
<br />
<br /> IN MINNESOTA
<br /> THE RIGHT TO
<br /> YOU LOSE ANY
<br /> 'ERTY. YOU MAY
<br />qDDETERMINED
<br />E TO PAY THE
<br /> YOU FILE
<br />
<br />~lgservice of a notice
<br />Irnand for a judicial
<br />~f a civil complaint
<br /> which the seizure
<br />isn the county attor-
<br />the petitioner has
<br />of the seized prop-
<br />court for recovery
<br />Ifee. No responsive
<br />be charged for the
<br />verned by the rules
<br />
<br /> leant as plaintiff and
<br /> grounds on which
<br /> plaintiWs interest in
<br /> action for the r~turn
<br />I behalf of any per-
<br /> ess the person has
<br />
<br />!~. ination under this
<br />rer section 609.53 I,
<br />tire forfeiture is filed
<br />tproperty, the court
<br />~e demand. In addi~
<br />s, and attorney fees
<br />it of these costs, they
<br />Ifeitedproperty from
<br />same proportion.
<br /> 2,3; 1993 c 326 art I
<br />
<br /> 9.5313, 609.5314, or
<br /> e appropriate agency
<br />
<br /> -earm accessories that
<br />Iclause (6), unless the
<br />icular item; .- '
<br />and is not harmful to
<br />
<br />In in accordance with
<br />
<br />tdministratior~;
<br />Incy and the prosecut-
<br />
<br />163
<br />
<br />CRIMINAL CODE 609.5315
<br />
<br /> · ,L .. Subd. 2. Disposition of administratively forfeited property. If property is forfeited
<br /> &dministratively under section 609.5314 or 609.5318 and no demand for judicial deter-
<br /> minatioh is made, the appropriate agency may dispose of the property in any of the
<br /> ways list'ed in subdivision 1, except that the agen .cy must destroy all forfeited weapons
<br /> · used, firearms, ammunition, and firearm accessories that the agency decides not to use
<br /> f0r:law enforcement purposes under subdivision 1,' clause (6)."
<br /> ;!(i.'..),Subd. 3. Use by law'enfOrc~'ment. (a) Prbperty kePt under this:iecfion may be used
<br /> 6hly in'the performance of official duties of the appropriate agency or prosecuting
<br /> a~endY and may not be used for any Other Purpose. If an appropriate agency keeps a
<br /> forfeited motor vehicle for official use, it ihall make reasonable efforts to ensure that
<br /> the'motor vehicle is available for use'and adaptation by the agency's officers'who partic-
<br /> ipate in the drug abuse resistance education program. . ':- · .: ::.. . ' .
<br /> ~t", L(b) Proceeds from-the' sale of property kept under this subdivision must be dis-
<br /> l~rSed as promded in subdivision 5. · · ' '..- :-:';','" ' :'--.-.
<br /> t.:' .' Subd. 4. Distribution of proceeds of the offensei'Property that consists of pioceeds
<br /> [l~dved from or traced to the commission of a designated offense or a violation of sec-
<br /> t/On. 609.66, subdivision' 1 e, must be applied first to payment of seizure, storage, forfei-
<br /> · t~?.e, .and sale expenses, and to satisfy valid liens against the property; and second, to
<br /> /my. court-ordered restitution before being disbursed as provided under subdivision 5.
<br />5' ~,4' ' ' .... . . . ........ ·
<br /> c,,;?~..,. Subd. 5. Distribution of money..The money or. proceeds from the sale of forfeited
<br /> property, after payment of seizure, storage, forfeiture, and sale expenses, and satisfac-
<br /> tibn Of ~,alid liens against the property, must be distifbuted as follows: .
<br /> ~,r,~:(1) 7.0 percent of the money or proceeds must be forwarded to the appropriate
<br /> agency for deposit as &- supplement to the agency's operating fund or similar fund for
<br /> rise in'laW enforcement;' ... '
<br /> j .;~ .' ' · ' . ' ' i ' -
<br /> b'-~ (2) 20 percent of the money or proceeds must be forwarded to the county attorney
<br /> or'other~prosecfiting agenc~ that handled the forfeiture for deposit as a supplement to
<br /> its' operating fund or similar fund for prosecutorial phi-poses; and '
<br />~;}';).(3) the remaining'ten 13~'rcent Of the moneY or prd~eeds must be fOrwarded within
<br />:. 6'0 days after resolution of the forfeiture to the state treasdry and credited to the general
<br />fundi"Any local police'r~lief associaiion organized under chapter 423 which received
<br />hr'was entitled to receive the proceeds of any sale made under this section before the
<br />effective date of Laws 1988, chapter 665, sections 1 to 17, shall continue to receive and
<br />r,etain the proceeds of these sales.
<br />Subd. Sa. Disposition of certaln forfeited proceeds; pr0sfituti~n. 'l~he p/'o'ceeds from
<br />' the sale of motor vehicles forfeited under section 609.5312, subdivigion 3, after pay-
<br />..merit of seizure, storage, forfeiture, and sale expenses, and satisfaction of valid liens
<br />,against the '~ehicle, shall be distributed as follows:
<br />[~>.". (1) 40 percent of the proceeds must be forwarded to the appropriate agency for de-
<br />posit as a supplement to the agency's operating 'fund or similar fund for use in law
<br /> .enforcement; ..:: .......
<br /> ,.:.,'. (2) 20 percent of the proceeds must be forwarded to the city attorney or other pros-
<br /> . .e'cuting agency that handled the forfeiture for deposit as a supplement to its operating
<br /> fund or similar fund for prosecutorial purposes; and ..
<br /> ~ ?.- (3) the remaining 40 percent of the proceeds must be forwarded to the city treasury
<br /> for distribution to neighborhood crime prevention programs~'
<br /> ;", ' Subd. 6. Reporting requirement. The appropriate agency shall provide a written
<br /> record of each forfeiture incident to the. state auditor· The record shall include the
<br /> amount forfeited, date, and a brief description of the circumstances involved. The rec-
<br /> ord shall also list the number of firearms forfeited and the make, model, and serial num-
<br /> ber of each firearm forfeited. Reports shall be made on a monthly basis in a manner
<br /> 13kescribed by the state auditor. The state auditor shall report .agn. ually to the legislature
<br /> ~n~ the nature and extent of forfeitures.
<br /> tcfi..'e. Subd. 7. Firearms. The a~ehcy 'shall r~ake best efforts fora peritd of 90 days after
<br /> -~'eizure of an abandoned or stolen firearm to protect the firearm from harm and
<br /> t:~iurh it to the lawful oWner. "
<br /> History: 1988 c 665 s I5; 1989 c 290 art 3 s 32; 1989 c 335 art 4 s 100; 1990 c 499
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