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MI HB5236

Bill

Status

Passed

10/22/2014

Primary Sponsor

Ed McBroom

Click for details

Origin

House of Representatives

97th Legislature

AI Summary

  • Amends MCL 600.4701 to define "crime" for criminal forfeiture purposes to include violations of natural resources protection (Parts 111 and 121 of 1994 PA 451), Medicaid false claims, antitrust laws, securities violations, and child protection statutes.

  • Expands the definition of "crime" to encompass numerous Michigan Penal Code violations including sexual assault (sections 520b-520g), human trafficking (Chapter LXXXIII-A, sections 750.543a-750.543z), and other serious felonies such as murder, assault, robbery, and theft.

  • Adds definitions for key forfeiture concepts: "instrumentality of a crime" (property used to commit crime), "proceeds of a crime" (property obtained through crime), "substituted proceeds" (property from sale of proceeds), and "willful blindness" (intentional disregard of facts indicating unlawful origin or use).

  • Defines "security interest" as any interest in property that secures payment or performance of an obligation.

  • Takes effect 90 days after enactment (January 14, 2015) and is contingent on House Bill 5234 also being enacted into law.

Legislative Description

Crimes; other; criminal forfeiture provisions in the revised judicature act of 1961; amend to reflect changes in human trafficking law. Amends sec. 4701 of 1961 PA 236 (MCL 600.4701). TIE BAR WITH: HB 5234'14

Crimes, other

Last Action

Assigned Pa 332'14 With Immediate Effect

10/22/2014

Committee Referrals

Families, Seniors And Human Services3/20/2014
Criminal Justice1/22/2014

Full Bill Text

No bill text available