This bill amends Minnesota Statutes 2024, section 609.531, subdivision 6a, to establish new procedures 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 litigation. The bill allows the defendant to respond to the civil complaint within 90 days after the conclusion of the related criminal prosecution, and it clarifies that failing to respond before a conviction does not result in a default in the civil case. Additionally, discovery in the civil forfeiture litigation is stayed until the defendant answers the civil complaint.

The bill also modifies the conditions under which a civil forfeiture action can proceed, emphasizing that a conviction is required for the forfeiture to be enforced. It introduces new language that specifies the circumstances under which a person may be exempt from criminal charges related to forfeiture actions, particularly if they provide information about another person's criminal activity. Overall, the amendments aim to ensure that defendants have adequate representation and that civil forfeiture proceedings are appropriately aligned with the outcomes of related criminal cases.

Statutes affected:
Introduction: 609.531