JUSTICE ACTION NETWORK URGES GOV. WALZ TO SIGN BIPARTISAN LEGISLATION TO REFORM CIVIL ASSET FORFEITURE AND COURT FINES AND FEE PRATICES
Legislation Will Let Minnesotans Keep Their Property if Innocent and Limits Scope of Property Seized; Bill Will Also Allow Vulnerable Minnesotans to Have their Court Fines and Fees Waived and Provides for Community Service in Lieu of Court Costs
(Saint Paul, MN) – Today, House File 63 passed the legislature, significantly restricting when law enforcement can seize property, and requiring courts to consider ability to pay when an offense includes a fine or fee. The bill, part of the Public Safety and Judiciary omnibus bill, received bipartisan support in the House and Senate. The underlying legislation reforming civil asset forfeiture was championed by Senator Mark Johnson (R-East Grand Forks) and Representative Kelly Moller (DFL-Shoreview) and the fines and fees reform was championed by Representative Cedric Frazier (DFL-New Hope) and Senator Ron Latz (DFL-St. Louis Park). The full Public Safety bill was ushered through the legislature by Senator Warren Limmer (R-Maple Grove), Representative Jamie Becker-Finn (DFL-Roseville) and Representative Carlos Mariani (DFL-Saint Paul). In response to today’s bill signing, the Justice Action Network, the country’s largest bipartisan organization working on criminal justice reform at the state and federal levels, issued the following statement:
“For years, Minnesotans have lost property even if innocent and struggled to regain it,” said Carl Filler, State Policy Analyst for the Justice Action Network. “This bipartisan legislation, which passed in the House and Senate with support from both parties, will put an end to this practice as well as requiring courts to consider ability to pay before levying fines and fees. This bill will protect vulnerable residents and family from losing their property or being slapped with high court fines and fees that they can never pay – pushing them further into the criminal justice system.”
“We urge Governor Walz to quickly sign this critical piece of legislation and help hardworking and vulnerable Minnesotans keep their property and from getting buried under court debt they can never repay. We’d like to thank Representatives Kelly Moller, Cedric Frazier, Jamie Becker-Finn, and Carlos Mariani for championing this bill in the House, Senators Mark Johnson, Ron Latz, and Warren Limmer for shepherding it through the Senate,” continued Filler.
HF 63 will:
Restrict vehicle forfeitures to certain DWI offenses and offer exceptions if individuals participate in treatment court as well as expanded protections for innocent owners;
Create a floor of $1,500 before currency can be seized in controlled substance offenses;
Expand reporting requirements with a subsequent report by the Office of the State Auditor; and,
Require courts to consider ability to pay before levying fines and fees, allow courts to waive traffic fines and fees, and allow for community service in lieu of payments as well.