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MI SB1215
Bill
AI Summary
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Amends Michigan Vehicle Code section 625n to establish vehicle forfeiture and seizure procedures for convictions involving impaired driving or habitual traffic violations under sections 625 and 904.
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Allows courts to order forfeiture of vehicles owned by defendants or return of leased vehicles to lessors upon conviction for qualifying driving offenses.
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Requires prosecuting attorneys to file forfeiture petitions within 14 days of conviction and provide notice to defendants, vehicle owners, and security interest holders.
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Establishes a claims and hearing process within 21 days of notice, requiring courts to consider defendant's driving record and multiple prior convictions when determining whether to order forfeiture.
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Specifies distribution of forfeited vehicle sale proceeds in priority order: secured party interests, co-owner equity, restitution, towing/storage fees, victim claims, government liens, forfeiture expenses, and remaining balance to law enforcement (75%) and victim services (25%).
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Creates misdemeanor offense for knowingly concealing, selling, or transferring a vehicle with intent to avoid forfeiture, punishable by up to 1 year imprisonment or $1,000 fine.
Legislative Description
Civil procedure; other; release of vehicle seized under the Michigan vehicle code if person arrested is released without charges or is acquitted or if charges are dismissed; provide for. Amends sec. 625n of 1949 PA 300 (MCL 257.625n). TIE BAR WITH: SB 1212'10
Civil procedure, costs and fees
Last Action
Referred To Committee On Judiciary
3/9/2010