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MI HB4629

Bill

Status

Passed

12/31/2016

Primary Sponsor

Peter Lucido

Click for details

Origin

House of Representatives

98th Legislature

AI Summary

  • 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

  • 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

  • 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

  • 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

  • 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

  • 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

Committee Referrals

Judiciary5/20/2015

Full Bill Text

No bill text available