Agenda - Council Work Session - 04/11/2023

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HF100 NINTH ENGROSSMENT REVISOR BD 1-10100-9 200.1 Sec. 39. Minnesota Statutes 2022, section 609.5311, subdivision 1, is amended to read: 200.2 Subdivision 1. Controlled substances. All controlled substances that were manufactured, 200.3 distributed, dispensed, or acquired in violation of chapter 152 or 342 are subject to forfeiture 200.4 under this section, except as provided in subdivision 3 and section 609.5316. 200.5 EFFECTIVE DATE. This section is effective August 1, 2023, and applies to violations 200.6 committed on or after that date. 200.E Sec. 40. Minnesota Statutes 2022, section 609.5314, subdivision 1, is amended to read: 200.8 Subdivision 1. Property subject to administrative forfeiture. (a) The following are 200.9 subject to administrative forfeiture under this section: 200.10 (1) all money totaling $1, 5 00 or more, precious metals, and precious stones that there 200.11 is probable cause to believe represent the proceeds of a controlled substance offense; 200.12 (2) all money found in proximity to controlled substances when there is probable cause 200.13 to believe that the money was exchanged for the purchase of a controlled substance; 200.14 (3) all conveyance devices containing controlled substances with a retail value of $100 200.15 or more if there is probable cause to believe that the conveyance device was used in the 200.16 transportation or exchange of a controlled substance intended for distribution or sale; and 200.17 (4) all firearms, ammunition, and firearm accessories found: 200.18 (i) in a conveyance device used or intended for use to commit or facilitate the commission 200.19 of a felony offense involving a controlled substance; 200.20 (ii) on or in proximity to a person from whom a felony amount of controlled substance 200.21 is seized; or 200.22 (iii) on the premises where a controlled substance is seized and in proximity to the 200.23 controlled substance, if possession or sale of the controlled substance would be a felony 200.24 under chapter 152. 200.25 (b) The Department of Corrections Fugitive Apprehension Unit shall not seize items 200.26 listed in paragraph (a), clauses (3) and (4), for the purposes of forfeiture. 200.27 (c) Money is the property of an appropriate agency and may be seized and recovered by 200.28 the appropriate agency if: 200.29 (1) the money is used by an appropriate agency, or furnished to a person operating on 200.3o behalf of an appropriate agency, to purchase or attempt to purchase a controlled substance; 200.31 and Article 4 Sec. 40. 200