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 at any time, but no later than 90 days after the conclusion of the related criminal prosecution. Additionally, it ensures that failure to respond before a conviction does not result in a default in the civil forfeiture case, and it allows for the possibility of waiving interest in seized property.

Furthermore, the bill clarifies that discovery in civil forfeiture litigation will be stayed until the defendant answers the civil complaint. It also modifies the conditions under which a forfeiture action can proceed, emphasizing that a conviction related to the forfeiture is required, or that a person is not charged with a related criminal offense based on their cooperation with law enforcement. The amendments aim to streamline the process and protect the rights of defendants during civil forfeiture proceedings.

Statutes affected:
Introduction: 609.531