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MI HB5779

Bill

Status

Introduced

4/11/2018

Primary Sponsor

Peter Lucido

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Origin

House of Representatives

99th Legislature

AI Summary

  • Requires criminal conviction or plea agreement before a court can order forfeiture or sale of vehicles, boats, aircraft, or personal property in nuisance abatement cases, with limited exceptions.

  • Allows forfeiture to proceed without conviction only if: the owner is deported by the U.S. government, the owner fails to claim interest in the property, or certain other specified circumstances apply.

  • Maintains existing nuisance abatement procedures for buildings and places, including closure orders and removal of contents, which do not require criminal conviction.

  • Requires courts to consider victim restitution before paying prosecution costs when property is declared a nuisance under specific statutory provisions.

  • Takes effect 90 days after enactment.

Legislative Description

Criminal procedure; forfeiture; asset forfeiture; require a criminal conviction before proceeding on forfeiting or selling property in nuisance cases. Amends secs. 3815 & 3825 of 1961 PA 236 (MCL 600.3815 & 600.3825).

Civil procedure: other

Last Action

Bill Electronically Reproduced 04/11/2018

4/12/2018

Committee Referrals

Judiciary4/11/2018

Full Bill Text

No bill text available