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MI SB1212

Bill

Status

Introduced

3/9/2010

Primary Sponsor

Martha Scott

Click for details

Origin

Senate

95th Legislature

AI Summary

  • Creates new Section 2977 requiring motor vehicles seized by state or local government subject to forfeiture be returned to owner within 7 days with forfeiture and impound fees waived if owner is arrested and released without charges, acquitted of charges, or found not responsible for civil infractions or violations related to the seizure.

  • Amends Section 4706 to require return of seized personal property or discharge of liens within 7 days if no warrant is issued, all charges are dismissed, defendant is acquitted, or all defendants in multiple-defendant cases are acquitted.

  • Adds Section 4706(2) making Section 2977 requirements apply to motor vehicles seized under forfeiture procedures.

  • Amends Section 8733 governing trailway municipal civil infraction vehicle impoundment to allow vehicle release and lien discharge if required by Section 2977, or upon payment of fines, costs, and damages; authorizes $750 cash or surety bonds to release impounded vehicles pending trial.

  • Establishes foreclosure sale procedures for unpaid liens on impounded vehicles, with proceeds distributed first to prior liens, then court-ordered payments, then subsequent liens, with remainder to vehicle owner.

Legislative Description

Civil procedure; other; release of vehicle and waiver of vehicle impound or forfeiture fee; provide for under certain circumstances. Amends secs. 4706 & 8733 of 1961 PA 236 (MCL 600.4706 & 600.8733) & adds sec. 2977.

Civil procedure, costs and fees

Last Action

Referred To Committee On Judiciary

3/9/2010

Committee Referrals

Judiciary3/9/2010

Full Bill Text

No bill text available