HF3329 (Legislative Session 94 (2025-2026))
Public defender in criminal prosecution assigned to civil forfeiture litigation, and civil forfeiture litigation styed until after criminal prosecution.
Related bill: SF3524
AI Generated Summary
Purpose of the Bill
The purpose of the bill is to address the relationship between criminal prosecutions and civil forfeiture proceedings in Minnesota. It aims to ensure that defendants in criminal cases who are represented by public defenders also receive representation for their property affected by civil forfeiture litigation.
Main Provisions
- Public Defender Representation: Defendants in criminal cases, who are provided with a public defender, will have the same defender represent their property in related civil forfeiture cases.
- Litigation Stay: Civil forfeiture proceedings will be paused until after a judgment is entered in the related criminal case. This gives time for the criminal case to conclude before pursuing the forfeiture of assets.
- Defendant Participation: Defendants can answer the civil forfeiture complaint anytime, with a deadline of 90 days post-judgment in the criminal case. No default judgment in forfeiture cases will be incurred if a defendant doesn't answer before a criminal conviction.
Significant Changes to Existing Law
- Forfeiture Process Alignment: Aligns civil forfeiture processes more closely with criminal proceedings by requiring a conviction before assets can be forfeited.
- Burden of Proof: The bill maintains that the agency pursuing forfeiture must prove, by clear and convincing evidence, that the property is related to the criminal offense in question.
Relevant Terms
- Public defender
- Civil forfeiture
- Criminal prosecution
- Asset forfeiture
- Conviction
Bill text versions
- Introduction PDF file
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| May 15, 2025 | House | Floor | Action | Introduction and first reading, referred to | Judiciary Finance and Civil Law |
| May 15, 2025 | House | Floor | Action | Introduction and first reading, referred to | Judiciary Finance and Civil Law |
| May 16, 2025 | House | Floor | Action | Author added | |
| May 16, 2025 | House | Floor | Action | Author added |
Citations
[
{
"analysis": {
"added": [],
"removed": [],
"summary": "This bill amends Minnesota Statutes section 609.531, subdivision 6a, which concerns civil forfeiture procedures in connection with criminal prosecutions.",
"modified": [
"Specifies representation by public defenders in civil forfeiture cases and stays civil proceedings until after criminal prosecution resolution."
]
},
"citation": "609.531",
"subdivision": "subdivision 6a"
}
]