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MI HB4629
Bill
Status
12/31/2016
Primary Sponsor
Peter Lucido
Click for details
AI Summary
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Amends Michigan's property forfeiture law (1978 PA 368) to streamline procedures for seizing agencies to notify property owners and institute forfeiture proceedings when property value does not exceed $50,000
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Requires seizing agencies to promptly notify property owners via certified mail or newspaper publication (10 successive days if owner is unidentifiable) that property has been seized and will be forfeited
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Establishes a 20-day period for property owners to file written claims of interest, after which unclaimed property may be declared forfeited without court proceedings if prosecutors consent
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Specifies that forfeited property proceeds must first cover expenses of forfeiture proceedings (seizure, custody, advertising, court costs), with remaining funds distributed to seizing agencies for law enforcement purposes only
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Allows courts to order claimants who contested forfeiture to pay the expenses of forfeiture proceedings to the seizing agency, and permits donation of certain forfeited items (grow lights, scales) to schools and universities
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Takes effect 90 days after enactment
Legislative Description
Criminal procedure; forfeiture; requirement for property owner to provide cash bond to contest forfeiture proceedings and to pay costs and expenses of forfeiture proceedings under certain circumstances; eliminate. Amends secs. 7523 & 7524 of 1978 PA 368 (MCL 333.7523 & 333.7524).
Criminal procedure: forfeiture
Last Action
Assigned Pa 418'16 With Immediate Effect
12/31/2016