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MI HB4158
Bill
Status
5/8/2018
Primary Sponsor
Peter Lucido
Click for details
AI Summary
HB 4158 Summary
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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.
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Requires prosecuting attorney or attorney general to review and approve forfeiture when owner relinquishes property via signed form before property may be forfeited.
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Directs state court administrator's office to develop standard forms for property relinquishment and for claiming ownership interest in seized property.
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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.
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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