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 a new provision that allows for a waiver of interest in seized property at any time during the process. The amendments aim to ensure that civil forfeiture actions are closely tied to the outcomes of related criminal prosecutions, thereby providing defendants with legal representation and a fair opportunity to contest the forfeiture of their property.

Statutes affected:
Introduction: 609.531