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MI HB5659

Bill

Status

Introduced

6/11/2014

Primary Sponsor

Harvey Santana

Click for details

Origin

House of Representatives

97th Legislature

AI Summary

House Bill 5659 Summary

  • Amends 1927 PA 372 to add "ammunition" to the title regarding forfeiture of firearms and ammunition in certain circumstances.

  • Authorizes peace officers responding to domestic violence incidents to seize firearms and ammunition if they believe the weapons may expose a victim to risk of bodily injury and have probable cause that a domestic violence incident occurred or that an alleged perpetrator violated a personal protection order or court order prohibiting firearm possession.

  • Requires law enforcement agencies to safely store seized firearms and ammunition, maintain an inventory, and notify the firearm owner and domestic violence victim within 7 days of seizure.

  • Mandates return of seized firearms and ammunition within 7 days if a prosecutor determines insufficient probable cause, a court dismisses charges, a magistrate finds the defendant may possess firearms, or the defendant is acquitted.

  • Requires law enforcement to notify domestic violence victims when seized firearms or ammunition are returned, and permits law enforcement to retain items as evidence in pending criminal investigations.

Legislative Description

Criminal procedure; search and seizure; seizure of firearms and ammunition during a domestic violence incident; allow. Amends title of 1927 PA 372 (MCL 28.421 - 28.435) & adds sec. 6b.

Criminal procedure, search and seizure

Last Action

Recommendation Concurred In

10/2/2014

Committee Referrals

Judiciary6/11/2014

Full Bill Text

No bill text available