Purpose of the Bill

The purpose of this bill is to modify the procedure surrounding civil forfeiture in relation to criminal prosecutions in Minnesota. Specifically, it focuses on how the legal process for civil forfeiture should be managed when the defendant in a related criminal case is represented by a public defender.

Main Provisions

• Public Defender Representation: The bill mandates that if a defendant in a criminal prosecution is represented by a public defender or court-appointed counsel, that counsel must also represent the defendant's property in any related civil forfeiture litigation.
• Staying Civil Proceedings: The bill stipulates that litigation concerning civil forfeiture is paused until after the criminal prosecution has concluded, allowing the defendant time to answer the civil complaint. Defendants have up to 90 days post-trial to respond.
• Conditions for Forfeiture: Assets can only be forfeited if the individual is convicted of the offense related to the forfeiture, or if the individual is not charged as part of an agreement to help with another criminal investigation.
• Evidence and Burden of Proof: The agency conducting the forfeiture must prove that the property is related to criminal activity by clear and convincing evidence. The agency is permitted to present an agreement related to helping with other investigations as evidence in forfeiture proceedings.

Significant Changes to Existing Law

• This bill requires integrating the representation in connected criminal and civil cases for defendants provided with a public defender.
• It also prescribes a stay on civil proceedings until criminal matters are resolved, a shift from any previous concurrent handling of such cases.

Relevant Terms

public defender, civil forfeiture, criminal prosecution, legal representation, asset forfeiture, judicial determination, criminal conviction, evidence, burden of proof.