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MI HB5233

Bill

Status

Passed

10/22/2014

Primary Sponsor

Klint Kesto

Click for details

Origin

House of Representatives

97th Legislature

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Families, Seniors And Human Services9/17/2014
Criminal Justice1/22/2014

Full Bill Text

No bill text available