1.1.................... moves to amend H.F. No. 2610 as follows:
1.2Page 2, line 26, delete "
Whenever" and insert "
Prior to the entry of a court order
1.3disposing with the forfeiture action, "
1.4Page 2, line 27, delete "
files" and insert "
may file"
1.5Page 2, line 27, delete everything after "
attorney"
1.6Page 2, line 28, delete "
property,"
1.7Page 2, line 28, delete "
forfeiture, the" and insert "
forfeiture. The"
1.8Page 2, line 29, delete the second "
the" and "
as"
1.9Page 3, delete section 4 and insert:
1.10 "Sec. 4. Minnesota Statutes 2008, section 609.531, is amended by adding a subdivision
1.11to read:
1.12 Subd. 8. Forfeiture policies; statewide model policy required. (a) By December
1.131, 2010, the Peace Officer Standards and Training Board, after consulting with the
1.14Minnesota County Attorney's Association, the Minnesota Sheriff's Association, the
1.15Minnesota Chiefs of Police Association, and the Minnesota Police and Peace Officers
1.16Association, shall develop a model policy that articulates best practices for forfeiture
1.17and is designed to encourage the uniform application of forfeiture laws statewide. At a
1.18minimum, the policy shall address the following:
1.19(1) best practices in pursuing, seizing, and tracking forfeitures;
1.20(2) type and frequency of training for law enforcement on forfeiture laws; and
1.21(3) situations in which forfeitures should not be pursued.
1.22(b) By December 1, 2010, the Minnesota County Attorneys Association, after
1.23consulting with the Peace Officer Standards and Training Board, the Minnesota Sheriffs
1.24Association, the Minnesota Chiefs of Police Association, and the Minnesota Police and
1.25Peace Officers Association, shall develop a model policy that articulates best practices
1.26for forfeiture and is designed to encourage the uniform application of forfeiture laws
1.27statewide. At a minimum, the policy shall address the following:
2.1(1) statutory role of prosecutors in forfeiture procedures;
2.2(2) best practices for timely and fair resolution of forfeiture cases;
2.3(3) type and frequency of training for prosecutors on forfeiture laws; and
2.4(4) situations in which forfeitures should not be pursued.
2.5(c) By March 1, 2011, the chief law enforcement officer of every state and local law
2.6enforcement agency and every prosecution office in the state shall adopt and implement a
2.7written policy on forfeiture that is identical or substantially similar to the model policies
2.8developed under paragraphs (a) and (b). The written policy shall be made available to
2.9the public upon request.
2.10EFFECTIVE DATE.This section is effective July 1, 2010."
2.11Page 6, line 14, after the period insert "
If a related criminal proceeding is pending,
2.12the hearing shall not be held until the conclusion of the criminal proceedings. The district
2.13court administrator shall schedule the hearing as soon as practicable after adjudication in
2.14the criminal prosecution."
2.15Page 8, delete section 11
2.16Renumber the sections in sequence and correct the internal references
2.17Amend the title accordingly