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MI HB5383
Bill
Status
11/14/2023
Primary Sponsor
Jaime Greene
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AI Summary
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Clarifies language in the Revised Judicature Act regarding disposition of forfeited property proceeds by replacing archaic terms with modern phrasing (e.g., "described" changed to "defined," "shall" changed to "must," "who" changed to "that").
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Establishes priority order for distributing forfeited property proceeds: secured party claims, restitution orders, victim claims, governmental liens, forfeiture expenses, then remaining balance to involved governmental units.
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Requires 75% of funds distributed to governmental units be used for criminal law enforcement as appropriated by the entity with budgetary authority, with up to 30% directed to the prosecuting attorney, and 25% used for victim rights services under the William Van Regenmorter Crime Victim's Rights Act.
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Mandates annual reporting to the Department of Technology, Management, and Budget by governmental units receiving forfeited funds on amounts used for law enforcement and victim rights implementation.
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Authorizes courts to appoint receivers to sell forfeited real property and permits courts to order forfeiture of additional property up to the value of unreachable property in certain circumstances.
Legislative Description
Criminal procedure: forfeiture; disposition of funds from civil asset forfeiture; clarify. Amends sec. 4708 of 1961 PA 236 (MCL 600.4708).
Criminal procedure: forfeiture
Last Action
Bill Electronically Reproduced 11/14/2023
12/31/2023