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MI HB5233
Bill
Status
10/22/2014
Primary Sponsor
Klint Kesto
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AI Summary
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Establishes procedures for seizing and forfeiting personal and real property related to crimes, with exceptions for primary residences of spouses or dependent children who lacked knowledge of the crime.
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Allows seizure of property without court order in limited circumstances including lawful arrests, valid search warrants, exigent circumstances, and property dangerous to health or safety.
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Requires written notice within 28 days to persons with ownership interests, security interests, and crime victims; establishes 28-day period for claimants to contest forfeiture.
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Creates court procedures for property owners to challenge seizure and establishes standards for proving property is subject to forfeiture by preponderance of evidence at civil proceedings.
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Distributes forfeited property proceeds in priority order: secured party interests, restitution, victim claims, government liens, and expenses; remaining balance split 75% for law enforcement and 25% for crime victim services.
Legislative Description
Criminal procedure; forfeiture; forfeiture of property for certain human trafficking violations; provide for. Amends secs. 4702, 4703, 4704, 4705, 4706, 4707 & 4708 of 1961 PA 236 (MCL 600.4702 et seq.). TIE BAR WITH: HB 5234'14
Criminal procedure, search and seizure
Last Action
Assigned Pa 333'14 With Immediate Effect
10/22/2014