Minnesota SF 3524: Legislature provision to elect members to Board of Regents when a vacancy exists during a regular legislative session

Bill Text

1.1 A bill for an act​
1.2 relating to judiciary; assigning public defender in criminal prosecution to civil​
1.3 forfeiture litigation; staying civil forfeiture litigation until after criminal prosecution;​
1.4 amending Minnesota Statutes 2024, section 609.531, subdivision 6a.​
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.6 Section 1. Minnesota Statutes 2024, section 609.531, subdivision 6a, is amended to read:​
1.7 Subd. 6a.Forfeiture a civil procedure; conviction required.(a) An action for forfeiture​
1.8 is a civil in rem action and is independent of any criminal prosecution, except as provided​
1.9 in this subdivision.​
1.10 (b) If a defendant in a criminal prosecution is represented by a public defender or counsel​
1.11 appointed by the court, the public defender or appointed counsel shall represent the​
1.12 defendant's property in the civil forfeiture litigation. The defendant may answer the civil​
1.13 complaint at any time but no later than 90 days after the date the court enters judgment in​
1.14 the related criminal prosecution. The failure to answer the complaint before the defendant's​
1.15 conviction does not cause a default in the civil forfeiture litigation. At any time, the defendant​
1.16 may give notice to the court of a waiver of interest in any seized property. Discovery in the​
1.17 civil forfeiture litigation is subject to rules of civil procedure and is stayed until after the​
1.18 defendant answers the civil complaint.​
1.19 (b) (c) An asset is subject to forfeiture by judicial determination under sections 609.5311​
1.20 to 609.5318 only if:​
1.21 (1) a person is convicted of the criminal offense related to the action for forfeiture; or​
1​Section 1.​
25-05293 as introduced​03/27/25 REVISOR KLL/LJ​
SENATE​
STATE OF MINNESOTA​
S.F. No. 3524​NINETY-FOURTH SESSION​
(SENATE AUTHORS: LIMMER)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​5135​05/16/2025​
Referred to Judiciary and Public Safety​

2.1 (2) a person is not charged with a criminal offense under chapter 152 related to the action​
2.2 for forfeiture based in whole or in part on the person's agreement to provide information​
2.3 regarding the criminal activity of another person.​
2.4 For purposes of clause (1), an admission of guilt to an offense chargeable under chapter​
2.5 152, a sentence under section 152.152, a stay of adjudication under section 152.18, or a​
2.6 referral to a diversion program for an offense chargeable under chapter 152 is considered​
2.7 a conviction.​
2.8 (c) (d) The appropriate agency handling the judicial forfeiture may introduce into evidence​
2.9 in the judicial forfeiture case in civil court the agreement in paragraph (b) (c), clause (2).​
2.10 (d) (e) The appropriate agency handling the judicial forfeiture bears the burden of proving​
2.11 by clear and convincing evidence that the property is an instrument or represents the proceeds​
2.12 of the underlying offense.​
2​Section 1.​
25-05293 as introduced​03/27/25 REVISOR KLL/LJ​