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MI HB4632

Bill

Status

Passed

5/26/2022

Primary Sponsor

Alex Garza

Click for details

Origin

House of Representatives

101st Legislature

AI Summary

  • Amends Michigan's Public Health Code to modify civil forfeiture procedures for property seized by public and regional airport authorities in controlled substance cases.

  • 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.

  • Requires civil forfeiture cases to stay pending criminal proceedings until defendant conviction, guilty plea, or other specified events occur.

  • 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.

  • 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

Committee Referrals

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

Full Bill Text

No bill text available