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MI HB4158

Bill

Status

Engrossed

5/8/2018

Primary Sponsor

Peter Lucido

Click for details

Origin

House of Representatives

99th Legislature

AI Summary

HB 4158 Summary

  • Adds new section 7521a requiring property to be seized but not forfeited unless one of four conditions is met: criminal conviction for a violation, guilty plea approved by court, no one claims interest in property, or owner signs relinquishment form.

  • Requires prosecuting attorney or attorney general to review and approve forfeiture when owner relinquishes property via signed form before property may be forfeited.

  • Directs state court administrator's office to develop standard forms for property relinquishment and for claiming ownership interest in seized property.

  • Exempts forfeiture proceedings where aggregate net equity value of seized property exceeds $50,000 from the new requirements, allowing traditional forfeiture procedures to continue for high-value seizures.

  • Makes relinquishment forms confidential and not subject to Freedom of Information Act disclosure; allows immediate destruction of property that cannot be lawfully possessed or poses public health/safety danger regardless of conviction status.

Legislative Description

Criminal procedure; forfeiture; asset forfeiture; require a criminal conviction before proceeding. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding secs. 7521a & 7521b.

Criminal procedure: forfeiture

Last Action

Referred To Committee On Judiciary

5/10/2018

Committee Referrals

Judiciary2/2/2017

Full Bill Text

No bill text available