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MI HB5230

Bill

Status

Passed

12/18/2014

Primary Sponsor

Phil Cavanagh

Click for details

Origin

House of Representatives

97th Legislature

AI Summary

  • Adds human trafficking to the list of activities that qualify a building, vehicle, boat, aircraft, or place as a nuisance under Michigan law (section 3801(1)(f), referencing MCL 750.462a to 750.462h).

  • Allows the attorney general, prosecuting attorney, county residents, and local government attorneys to maintain actions for equitable relief to abate nuisances and perpetually enjoin their use for prohibited purposes.

  • Establishes that proof of knowledge or actual use at time of hearing is not required; actions may be filed within 90 days of any alleged nuisance activity if material allegations are proven true.

  • Permits courts to order closure of properties for up to one year, removal of contents, and sale of furniture and fixtures, with proceeds first paying secured interests and liens, then prosecution costs, then victims' restitution (for human trafficking cases), and any remainder to the general fund.

  • Imposes contempt penalties of up to $5,000 fine and/or six months jail time for violating court orders or injunctions related to nuisance abatement.

  • Effective date: March 31, 2015.

Legislative Description

Civil procedure; other; abatement of nuisances; allow abatement for property used for human trafficking and make other general amendments. Amends secs. 3801, 3805, 3810, 3815, 3820, 3825 & 3835 of 1961 PA 236 (MCL 600.3801 et seq.).

Civil procedure, other

Last Action

Assigned Pa 387'14

12/18/2014

Committee Referrals

Criminal Justice1/22/2014

Full Bill Text

No bill text available