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MI HB4632
Bill
Status
5/26/2022
Primary Sponsor
Alex Garza
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AI Summary
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Amends Michigan's Public Health Code to modify civil forfeiture procedures for property seized by public and regional airport authorities in controlled substance cases.
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Exempts forfeiture proceedings from certain requirements when the aggregate fair market value of seized property and currency exceeds $20,000 (excluding contraband value) and seizure was made by airport authority law enforcement officers.
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Requires civil forfeiture cases to stay pending criminal proceedings until defendant conviction, guilty plea, or other specified events occur.
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At forfeiture hearing, plaintiff must prove property is subject to forfeiture or that non-defendant claimants had prior knowledge of or consented to the crime.
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Mandates return of seized property to owner within 14 days if plaintiff fails to meet burden of proof, charges are dismissed, defendant is acquitted, or a court orders return.
Legislative Description
Criminal procedure: forfeiture; public and regional airport authorities; exempt from certain requirements in certain controlled substance related cases. Amends sec. 7523a of 1978 PA 368 (MCL 333.7523a).
Crimes: controlled substances
Last Action
Assigned Pa 87'22 With Immediate Effect
5/26/2022