1.2relating to crime; providing for forfeiture of money used or intended for use
1.3to facilitate a prostitution or sex trafficking offense; appropriating money;
1.4amending Minnesota Statutes 2012, sections 609.5312, subdivision 1; 609.5315,
1.5subdivisions 1, 5b, by adding a subdivision.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2012, section 609.5312, subdivision 1, is amended to read:
1.8    Subdivision 1. Property subject to forfeiture. (a) All personal property is subject
1.9to forfeiture if it was used or intended for use to commit or facilitate the commission of
1.10a designated offense. All money and other property, real and personal, that represent
1.11proceeds of a designated offense, and all contraband property, are subject to forfeiture,
1.12except as provided in this section.
1.13(b) All money used or intended to be used to facilitate the commission of a violation
1.14of section 609.322 or 609.324 or a violation of a local ordinance substantially similar to
1.15section 609.322 or 609.324 is subject to forfeiture.
1.16(c) The Department of Corrections Fugitive Apprehension Unit shall not seize real
1.17property for the purposes of forfeiture under paragraph (a).

1.18    Sec. 2. Minnesota Statutes 2012, section 609.5315, subdivision 1, is amended to read:
1.19    Subdivision 1. Disposition. (a) Subject to paragraph (b), if the court finds under
1.20section 609.5313, 609.5314, or 609.5318 that the property is subject to forfeiture, it shall
1.21order the appropriate agency to do one of the following:
1.22(1) unless a different disposition is provided under clause (3) or (4), either destroy
1.23firearms, ammunition, and firearm accessories that the agency decides not to use for
1.24law enforcement purposes under clause (8), or sell them to federally licensed firearms
2.1dealers, as defined in section 624.7161, subdivision 1, and distribute the proceeds under
2.2subdivision 5 or 5b;
2.3(2) sell property that is not required to be destroyed by law and is not harmful to the
2.4public and distribute the proceeds under subdivision 5 or 5b;
2.5(3) sell antique firearms, as defined in section 624.712, subdivision 3, to the public
2.6and distribute the proceeds under subdivision 5 or 5b;
2.7(4) destroy or use for law enforcement purposes semiautomatic military-style assault
2.8weapons, as defined in section 624.712, subdivision 7;
2.9(5) take custody of the property and remove it for disposition in accordance with law;
2.10(6) forward the property to the federal drug enforcement administration;
2.11(7) disburse money as provided under subdivision 5 or, 5b, or 5c; or
2.12(8) keep property other than money for official use by the agency and the prosecuting
2.13agency.
2.14(b) Notwithstanding paragraph (a), the Hennepin or Ramsey County sheriff may
2.15not sell firearms, ammunition, or firearms accessories if the policy is disapproved by the
2.16applicable county board.
2.17(c) If property is sold under paragraph (a), the appropriate agency shall not sell
2.18property to: (1) an officer or employee of the agency that seized the property or to a
2.19person related to the officer or employee by blood or marriage; or (2) the prosecuting
2.20authority or any individual working in the same office or a person related to the authority
2.21or individual by blood or marriage.
2.22(d) Sales of forfeited property under this section must be conducted in a
2.23commercially reasonable manner.

2.24    Sec. 3. Minnesota Statutes 2012, section 609.5315, subdivision 5b, is amended to read:
2.25    Subd. 5b. Disposition of certain forfeited proceeds; trafficking of persons;
2.26report required. (a) Except as provided in subdivision 5c, for forfeitures resulting from
2.27violations of section 609.282, 609.283, or 609.322, the money or proceeds from the sale
2.28of forfeited property, after payment of seizure, storage, forfeiture, and sale expenses, and
2.29satisfaction of valid liens against the property, must be distributed as follows:
2.30(1) 40 percent of the proceeds must be forwarded to the appropriate agency for deposit
2.31as a supplement to the agency's operating fund or similar fund for use in law enforcement;
2.32(2) 20 percent of the proceeds must be forwarded to the prosecuting authority that
2.33handled the forfeiture for deposit as a supplement to its operating fund or similar fund
2.34for prosecutorial purposes; and
3.1(3) the remaining 40 percent of the proceeds must be forwarded to the commissioner
3.2of public safety and are appropriated to the commissioner for distribution to crime victims
3.3services organizations that provide services to victims of trafficking offenses.
3.4(b) By February 15 of each year, the commissioner of public safety shall report
3.5to the chairs and ranking minority members of the senate and house of representatives
3.6committees or divisions having jurisdiction over criminal justice funding on the money
3.7collected under paragraph (a), clause (3). The report must indicate the following relating
3.8to the preceding calendar year:
3.9(1) the amount of money appropriated to the commissioner;
3.10(2) how the money was distributed by the commissioner; and
3.11(3) what the organizations that received the money did with it.

3.12    Sec. 4. Minnesota Statutes 2012, section 609.5315, is amended by adding a subdivision
3.13to read:
3.14    Subd. 5c. Disposition of money; prostitution. Money forfeited under section
3.15609.5312, subdivision 1, paragraph (b), must be distributed as follows:
3.16(1) 40 percent must be forwarded to the appropriate agency for deposit as a
3.17supplement to the agency's operating fund or similar fund for use in law enforcement;
3.18(2) 20 percent must be forwarded to the prosecuting authority that handled the
3.19forfeiture for deposit as a supplement to its operating fund or similar fund for prosecutorial
3.20purposes; and
3.21(3) the remaining 40 percent must be forwarded to the commissioner of public
3.22safety to be deposited in the safe harbor for youth account in the special revenue fund
3.23and are appropriated to the commissioner for distribution to crime victims services
3.24organizations that provide services to sexually exploited youth, as defined in section
3.25260C.007, subdivision 31.