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MI SB1217

Bill

Status

Introduced

3/9/2010

Primary Sponsor

Martha Scott

Click for details

Origin

Senate

95th Legislature

AI Summary

Senate Bill 1217 Summary

  • Amends Michigan's civil in rem forfeiture procedures by allowing courts to determine ex parte whether probable cause exists to seize personal or intangible property, and establishing procedures for issuing orders of seizure when notice would cause loss or destruction of property.

  • Expands circumstances under which property may be seized without court process, including seizures incident to lawful arrest, pursuant to valid search warrants, during administrative inspections, when property poses health/safety danger, under exigent circumstances, or when property was subject to prior forfeiture judgment.

  • Establishes that real property cannot be seized without notice and a hearing, and requires prompt return of crime victims' property except when it is contraband, ownership is disputed, or property is required as evidence.

  • Modifies chop shop offense penalties to impose mandatory minimum fines of $10,000 to $250,000 on second or subsequent convictions (in addition to up to 10 years imprisonment) and requires restitution to vehicle owners or insurers for theft-related losses.

  • Establishes 14-day return requirement for property seized without process unless a forfeiture hearing is scheduled, requires 10 days' notice to rightful property owners before forfeiture hearings, and protects bona fide purchasers and secured parties without knowledge of the violations.

Legislative Description

Civil procedure; other; release of vehicle seized under the Michigan penal code if person arrested is released without charges or is acquitted or if charges are dismissed; provide for. Amends secs. 159n & 535a of 1931 PA 328 (MCL 750.159n & 750.535a). 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