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MI HB4631

Bill

Status

Passed

5/26/2022

Primary Sponsor

Graham Filler

Click for details

Origin

House of Representatives

101st Legislature

AI Summary

  • Amends Michigan's forfeiture law to require a criminal conviction or guilty plea before property can be forfeited in drug-related cases, with limited exceptions.

  • Exceptions to conviction requirement include: no one claims the property, owner waives the requirement, or defendant is outside the state and cannot be extradited or located despite law enforcement efforts.

  • Raises the property value threshold for public and regional airport authorities from $50,000 to $20,000 in aggregate fair market value (excluding contraband) before forfeiture can proceed without a criminal conviction.

  • Allows immediate destruction of property that cannot be lawfully possessed or is dangerous to public health or safety, regardless of criminal conviction status.

  • Effective immediately upon enactment on May 26, 2022, applying to forfeiture proceedings initiated on or after August 7, 2019.

Legislative Description

Criminal procedure: forfeiture; public and regional airport authorities; exempt from certain requirements in certain controlled substance related cases. Amends sec. 7521a of 1978 PA 368 (MCL 333.7521a).

Crimes: controlled substances

Last Action

Assigned Pa 86'22 With Immediate Effect

5/26/2022

Committee Referrals

Judiciary And Public Safety6/8/2021
Judiciary4/14/2021

Full Bill Text

No bill text available