The bill amends Minnesota Statutes 2024, section 609.531, subdivision 6a, to establish new provisions regarding civil forfeiture litigation in relation to criminal prosecutions. It stipulates that if a defendant in a criminal case is represented by a public defender or court-appointed counsel, that attorney will also represent the defendant's property in any civil forfeiture proceedings. The bill allows the defendant to respond to the civil complaint at any time, but no later than 90 days after the court's judgment in the related criminal case. Additionally, it ensures that the failure to respond before a conviction does not result in a default in the civil forfeiture litigation, and it allows for the possibility of waiving interest in seized property.

Furthermore, the bill clarifies that discovery in civil forfeiture cases will be subject to civil procedure rules and will be stayed until the defendant answers the civil complaint. The amendments also include changes to the conditions under which a forfeiture action can proceed, emphasizing that a conviction is required for the forfeiture to be enforced. The bill aims to streamline the process and protect the rights of defendants during civil forfeiture litigation, ensuring that their legal representation is consistent throughout both criminal and civil proceedings.

Statutes affected:
Introduction: 609.531