MN
Minnesota Senate Bill SF3524

Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF3524

Introduced
5/15/25  
Introduced
5/16/25  
Refer
5/15/25  

Caption

Criminal prosecution to civil forfeiture litigation public defender assignment; staying civil forfeiture litigation until after criminal prosecution authorization

Impact

The proposed legislation amends existing statutes to establish a more structured process for handling cases involving both criminal prosecution and civil forfeiture. Under the bill, a conviction will be necessary for assets to be deemed forfeited, thereby enhancing protections for defendants. By formalizing the judicial process in this way, SF3524 could lead to a more equitable outcome for individuals caught in the web of criminal and civil law, as it requires their legal counsel to actively participate in civil forfeiture litigation on their behalf.

Summary

SF3524 aims to reform the relationship between criminal prosecutions and civil forfeiture litigation by ensuring defendants in criminal cases are represented by public defenders in civil forfeiture actions. The bill stipulates that civil forfeiture hearings will be stayed until the conclusion of the related criminal proceedings, effectively shifting how civil forfeiture cases are approached within the judicial system. This change is designed to address concerns about the fairness and due process rights of individuals facing criminal charges who may also see their property seized in connection with those charges.

Contention

While the bill aims to improve representation and fairness in civil forfeiture cases, there are potential points of contention. Critics may argue that placing such a requirement on civil forfeiture cases could complicate the legal process and hinder law enforcement’s ability to efficiently recover assets suspected to be tied to criminal activity. Additionally, some stakeholders may question whether the proposed changes could inadvertently shield criminal enterprises by slowing down the enforcement of forfeiture actions that rely on the speed and agility of the current system.

Latest SF3524 Activity

Companion Bills

MN HF3329

Similar To Public defender in criminal prosecution assigned to civil forfeiture litigation, and civil forfeiture litigation styed until after criminal prosecution.

Similar Bills

HI SB149

Relating To Property Forfeiture.

KS SB237

Requiring a criminal conviction for civil asset forfeiture and proof beyond a reasonable doubt that property is subject to forfeiture, remitting proceeds to the state general fund and requiring law enforcement agencies to make forfeiture reports more frequently.

KS HB2396

Requiring a criminal conviction for civil asset forfeiture and proof beyond a reasonable doubt that property is subject to forfeiture, remitting proceeds to the state general fund and requiring law enforcement agencies to make forfeiture reports more frequently.

KS HB2380

Requiring a criminal conviction for civil asset forfeiture, remitting proceeds from civil asset forfeiture to the state general fund, increasing the burden of proof required to forfeit property, making certain property ineligible for forfeiture, providing persons involved in forfeiture proceedings representation by counsel and the ability to demand a jury trial and allowing a person to request a hearing on whether forfeiture is excessive.

KS SB458

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, providing limitations on state and local law enforcement agency requests for federal adoption of a seizure under the act, requiring probable cause affidavit filing and review to commence forfeiture proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence, authorizing courts to order payment of attorney fees and costs for certain claimants and requiring the Kansas bureau of investigation to submit forfeiture fund financial reports to the legislature.

LA SB359

Provides for civil forfeiture reform. (8/1/22)

KS HB2606

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, requiring courts to make a finding that forfeiture is not excessive, restricting actions prior to commencement of forfeiture proceedings, requiring probable cause affidavit filing and review to commence proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence and authorizing courts to order payment of attorney fees and costs for certain claimants.

HI HB1965

Relating To Property Forfeiture.