Loading chat...
MI HB4325
Bill
Status
12/29/2010
Primary Sponsor
Larry DeShazor
Click for details
AI Summary
-
Establishes procedures for seizure of property related to identity theft violations, allowing seizure without court process when there is probable cause that property was used in violation of the act, is proceeds from the violation, or is dangerous to health or safety.
-
Requires seizing agencies to notify property owners by certified mail or newspaper publication within 20 days and allow claimants to file written claims with a bond of 10% of property value (minimum $250, maximum $5,000) to challenge forfeiture.
-
Permits forfeited property to be retained for official use, sold with proceeds covering court costs and forfeiture expenses, or disposed of according to law, with remaining funds distributed to law enforcement as a supplement to existing budgets.
-
Allows courts to appoint receivers to sell forfeited real property and order claimants to pay forfeiture proceeding expenses.
-
Takes effect April 1, 2011, contingent upon enactment of Senate Bills 223, 225, and 226.
Legislative Description
Criminal procedure; forfeiture; forfeiture of assets in crimes involving identity theft; provide for. Amends 2004 PA 452 (MCL 445.61 - 445.77) by adding secs. 19a, 19b & 19c. TIE BAR WITH: SB 0223'09, SB 0225'09, SB 0226'09
Crimes, identity theft
Last Action
Assigned Pa 314'10
12/29/2010