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609.908
Statute ID:
3464
Statute Function ID:
19663
Disposition Of Forfeiture Proceeds
In Effect
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Function Details
History
Text
Details are only available for Penalty and Charging Statutes.
Statute Number:
609.908
Enactment Date:
Jan 1, 1859
Effective Date:
Aug 1, 1989
Expiration Date:
Repealed?:
No
Summary Text:
Disposition Of Forfeiture Proceeds
Statute ID:
3464
Created:
Sep 1, 2006 by mnjis.legal.analyst@state.mn.us
Updated:
Sep 1, 2006 by mnjis.legal.analyst@state.mn.us
Last Update Action:
System
Legal Analyst Comment:
Summary Text:
Disposition Of Forfeiture Proceeds
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/609/908.html
Legislative Session:
2005 - NA
Session Law Text?:
No
Statute text last updated on:
Sep 1, 2006
Subdivision 1. After making due provisions for the rights of innocent persons, the prosecuting authority shall, as soon as feasible, dispose of all property ordered forfeited under section 609.905 by: (1) public sale; (2) transfer to a state governmental agency for official use; (3) sale or transfer to an innocent person; or (4) destruction, if the property is not needed for evidence in a pending criminal or civil proceeding. Subd. 2. An interest in personal or real property not exercisable by or transferable for value by the prosecuting authority expires and does not revert to the defendant. Forfeited property may not be purchased by the defendant, relative of the defendant, or any person acting in concert with the defendant or on the defendant's behalf. Subd. 3. The proceeds of a sale or other disposition of forfeited property under this section whether by final judgment, settlement, or otherwise, must be applied as follows: (1) to the fees and costs of the forfeiture and sale including expenses of seizure, maintenance, and custody of the property pending its disposition, advertising, and court costs; (2) to all costs and expenses of investigation and prosecution including costs of resources and personnel incurred in investigation and prosecution; and (3) the balance to the appropriate agencies under section 609.5315, subdivision 5.
