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MI HB5655
Bill
Status
12/8/2009
Primary Sponsor
John Espinoza
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AI Summary
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Amends Michigan's Revised Judicature Act to modify property forfeiture provisions under section 4702 (MCL 600.4702), as previously amended in 2002.
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Establishes that property subject to forfeiture includes personal property that is proceeds or instrumentalities of crime, and real property that is proceeds of crime, with exceptions for primary residences of spouses or dependent children who lacked knowledge of or consent to the crime.
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Expands forfeiture scope for crimes involving animal fighting (section 49 or chapter LXXXIII-A of the Michigan penal code) to include any real or personal property that contributed to, concealed, facilitated escape from, or concealed the identity of individuals involved in the crime.
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Protects innocent property owners and secured creditors from forfeiture if they had no prior knowledge of or consent to the crime, or if the owner provided written notice of the crime to law enforcement and notice to quit to the offender.
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Limits forfeiture of substituted proceeds of crime to the value of original proceeds plus any restitution or damages owed to victims that exceeds the proceeds value.
Legislative Description
Crimes; animals; forfeiture of real property used in the commission of animal fighting; allow. Amends sec. 4702 of 1961 PA 236 (MCL 600.4702).
Criminal procedure, forfeiture
Last Action
Referred To Committee On Judiciary
3/9/2010