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 this bill is to amend existing laws related to civil forfeiture proceedings in the state of Minnesota, particularly in connection to criminal prosecutions. It aims to clarify the representation of defendants in civil forfeiture cases and align civil proceedings with the outcomes of related criminal cases.
Main Provisions
- Public Defender Representation: If a defendant in a criminal case is represented by a public defender or court-appointed counsel, this legal representative will also represent the defendant's interests in any related civil forfeiture cases.
- Stay on Civil Forfeiture Proceedings: Civil forfeiture litigation is paused until the criminal prosecution is resolved. The defendant has up to 90 days after the conclusion of the criminal case to respond to the civil forfeiture complaint.
- Waiver of Interest: A defendant can waive their interest in any seized property at any time by notifying the court, which can simplify pending issues in the civil case.
- Conviction Requirement for Forfeiture: Property can only be forfeited if the person is convicted of a crime related to the forfeiture. Alternatively, property can be subject to forfeiture if the individual was not charged due to their cooperation with law enforcement (i.e., providing information about another’s criminal activities).
Significant Changes to Existing Law
- The integration of public defenders into civil forfeiture proceedings when they already represent defendants in the corresponding criminal cases is a new provision, ensuring continuity and consistency in legal representation.
- The bill articulates conditions under which a defendant’s property can be forfeited, focusing on a requirement for a criminal conviction or cooperation with authorities, thereby potentially offering defendants more protection against premature forfeiture.
Relevant Terms
- Public defender
- Civil forfeiture
- Criminal prosecution
- Forfeiture litigation
- Waiver of interest
- Conviction requirement
- Judicial determination
- Clear and convincing evidence
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 16, 2025 | House | Floor | Action | Author added |
Citations
[
{
"analysis": {
"added": [
"Provision allowing public defenders to represent defendants' property in civil forfeiture litigation."
],
"removed": [
""
],
"summary": "This bill modifies civil forfeiture procedures under section 609.531, subdivision 6a.",
"modified": [
"Clarifies timing and conditions for when civil forfeiture litigation is stayed pending criminal prosecution."
]
},
"citation": "609.531",
"subdivision": "subdivision 6a"
},
{
"analysis": {
"added": [
"Clarification on conditions required for asset forfeiture when related to criminal conviction."
],
"removed": [
""
],
"summary": "This bill references conditions for asset forfeiture under sections 609.5311.",
"modified": [
""
]
},
"citation": "609.5311",
"subdivision": ""
},
{
"analysis": {
"added": [
"Refers to the judicial determination process for asset forfeiture."
],
"removed": [
""
],
"summary": "This bill references conditions for asset forfeiture under sections 609.5318.",
"modified": [
""
]
},
"citation": "609.5318",
"subdivision": ""
},
{
"analysis": {
"added": [
"Acknowledgment that a sentence under this section is considered a conviction for forfeiture purposes."
],
"removed": [
""
],
"summary": "This bill mentions conditions considered as conviction under section 152.152.",
"modified": [
""
]
},
"citation": "152.152",
"subdivision": ""
},
{
"analysis": {
"added": [
"Acknowledgment that a stay of adjudication under this section is considered a conviction for forfeiture purposes."
],
"removed": [
""
],
"summary": "This bill mentions conditions considered as conviction under section 152.18.",
"modified": [
""
]
},
"citation": "152.18",
"subdivision": ""
}
]Progress through the legislative process
In Committee