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MI SB1216

Bill

Status

Introduced

3/9/2010

Primary Sponsor

Martha Scott

Click for details

Origin

Senate

95th Legislature

AI Summary

Senate Bill 1216 Summary

  • Amends the Public Health Code (MCL 333.7523) to establish procedures for property forfeiture when seized without legal process and valued at $50,000 or less.

  • Requires seizing agencies to notify property owners by personal delivery, certified mail, or newspaper publication (10 successive days) of intent to forfeit and dispose of property.

  • Allows interested parties 20 days from notice to file a written claim and post a bond equal to 10% of property value (minimum $250, maximum $5,000) to challenge the forfeiture.

  • Mandates that forfeiture proceedings be initiated by attorneys general, prosecuting attorneys, or local attorneys after the 20-day claim period expires, with criminal proceedings completed before property disposal.

  • Provides that if no claim or bond is filed within 20 days, property is forfeited and may be disposed of under existing law, though criminal proceedings must be completed first.

  • Bill does not take effect unless Senate Bill 1212 of the 95th Legislature is enacted into law.

Legislative Description

Civil procedure; other; release of vehicle seized under the public health code if person arrested is released without charges or is acquitted or if charges are dismissed; provide for. Amends sec. 7523 of 1978 PA 368 (MCL 333.7523). TIE BAR WITH: SB 1212'10

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