Bill Text: MI HB5250 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Criminal procedure; forfeiture; uniform forfeiture reporting act; enact. Creates new act & repeals sec. 7524a of 1978 PA 368 (MCL 7524a). TIE BAR WITH: HB 5081'13, HB 5251'14, HB 5252'14

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-06-03 - Referred To Second Reading [HB5250 Detail]

Download: Michigan-2013-HB5250-Introduced.html

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HOUSE BILL No. 5250

 

January 23, 2014, Introduced by Reps. McMillin, Callton, Robinson, McBroom, Johnson, Santana, Geiss, Irwin and Kivela and referred to the Committee on Criminal Justice.

 

     A bill to create the uniform forfeiture reporting act; to

 

require certain reports by reporting agencies regarding seized and

 

forfeited property; to prescribe the powers and duties of certain

 

local and state officials; to provide for certain fees and the

 

expenditure of those fees; to require certain audits; to require

 

certain reports by the department of state police; to provide for

 

the withholding of law enforcement funds under certain

 

circumstances; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"uniform forfeiture reporting act".

 

     Sec. 2. (1) Beginning February 1, 2014, each reporting agency

 

shall report on a monthly basis all of the following information to

 

the department of state police for all property seized by or

 

forfeited to that reporting agency under sections 7521 to 7533 of

 

the public health code, 1978 PA 368, MCL 333.7521 to 333.7533,

 

chapter 38 of the revised judicature act of 1961, 1961 PA 236, MCL

 

600.3801 to 600.3840, and chapter 47 of the revised judicature act

 

of 1961, 1961 PA 236, MCL 600.4701 to 600.4710:

 

     (a) The number of forfeiture proceedings that were instituted

 

in the circuit court by the reporting agency.

 

     (b) The number of forfeiture proceedings instituted by the

 

reporting agency that were concluded in the circuit court.

 

     (c) The number of all forfeiture proceedings instituted by the

 

reporting agency that were pending in the circuit court at the end

 

of the year.

 

     (d) The number of forfeitures accomplished by the reporting

 

agency without filing a forfeiture proceeding in the circuit court.

 

     (e) The violation alleged to have been committed for which

 

forfeiture is authorized.

 

     (f) The date the property was seized.

 

     (g) Whether any person was charged with the violation for

 

which forfeiture is authorized and whether he or she was convicted

 

of that violation or was convicted of any other violation arising

 

out of the same transaction.

 

     (h) A description of the property that was seized.

 

     (i) A description of any property that was forfeited.

 

     (j) Whether the forfeiture was subject to a plea or any other

 

agreement.

 

     (k) Whether the property owner was represented by an attorney

 

in the forfeiture proceedings.

 

     (l) The value of the property seized and the means by which

 

that value was obtained.

 

     (m) The value of the property forfeited.

 

     (n) Whether the property was subject to a security interest or

 

ownership by any other person.

 

     (o) If a firearm was seized or forfeited, the make, model, and

 

serial number of that firearm.

 

     (p) The final disposition, including use by this state or by

 

that local unit of government, of all property seized and all

 

property forfeited. The information reported under this subdivision

 

shall include all administrative and other expenses deducted from

 

the forfeiture proceedings and the net amount received from the

 

forfeiture.

 

     (q) The date the property was disposed of.

 

     (r) Whether any property that was seized or forfeited was

 

subsequently ordered to be returned to an owner.

 

     (s) Whether the forfeiture resulted from an adoptive seizure.

 

As used in this subdivision, "adoptive seizure" means that all of

 

the following apply:

 

     (i) The seizure resulted from a violation of state law and

 

there is a federal basis for the forfeiture action.

 

     (ii) All of the preseizure activity and related investigations

 

were performed by this state or the local reporting agency before a

 

request was made to the federal government for adoption.

 

     (iii) The seizure did not result from a joint investigation or

 

task force case.

 

     (t) Information regarding the expenditure of funds obtained in

 

all forfeiture actions under this chapter, including the total

 

amount of funds expended in each of the following categories:

 

     (i) Crime, gang, and substance abuse prevention programs.

 

     (ii) Witness protection and victim reparation.

 

     (iii) Informant fees and buy money.

 

     (iv) Regular-time salaries, overtime pay, and employee benefits

 

of prosecuting attorneys and prosecuting personnel.

 

     (v) Regular-time salaries, overtime pay, and employee benefits

 

of law enforcement agency personnel other than prosecuting

 

attorneys and prosecuting personnel.

 

     (vi) Professional or outside services, including services

 

related to auditing, court reporting, expert witnesses, and other

 

court costs.

 

     (vii) Travel, meals, and entertainment.

 

     (viii) Training and attending conferences.

 

     (ix) All operating expenses, including purchasing supplies.

 

     (x) Purchasing vehicles.

 

     (xi) Purchasing canines, firearms, or equipment such as

 

tactical gear.

 

     (xii) All capital expenditures such as furniture, computers, or

 

office equipment.

 

     (xiii) All other use not described in subparagraphs (i) to (xii).

 

     (u) Any other information considered to be appropriate by the

 

department of state police.

 

     (2) Subsection (1) applies to property seized by or forfeited

 

to a reporting agency on or after the effective date of this act

 

and to all forfeiture proceedings pending on the effective date of

 

this act.

 

     Sec. 3. (1) A reporting agency shall file separate reports

 

under this act for forfeitures under state and federal law.

 

     (2) A null report shall be filed under this act by a reporting

 

agency that did not engage in any seizures or forfeitures during

 

the reporting period.

 

     Sec. 4. The department of state police may charge a fee to

 

reporting agencies that engage in seizures or forfeitures required

 

to be reported under this act during the reporting period to cover

 

the actual costs to the department for implementing the

 

requirements of this act. A reporting agency may use forfeiture

 

proceeds to pay the cost of compiling and reporting data under this

 

act, including any fee imposed by the department of state police.

 

     Sec. 5. (1) The records of a reporting agency regarding the

 

seizure and forfeiture of any property that is required to be

 

reported under this act shall be audited in accordance with 1 of

 

the following, as applicable:

 

     (a) 1919 PA 71, MCL 21.41 to 21.55.

 

     (b) The uniform budgeting and accounting act, 1968 PA 2, MCL

 

141.421 to 141.440a.

 

     (2) The records of a reporting agency regarding the seizure

 

and forfeiture of any property required to be reported under this

 

act may be audited by an auditor of the local unit of government.

 

     Sec. 6. The department of state police may withhold the

 

payment of any law enforcement funds to a reporting agency that

 

fails to comply with the reporting requirements of this act until

 

that reporting agency complies with the reporting requirements of

 

this act.

 

     Sec. 7. The department of state police shall analyze and

 

compile the information reported to the department under sections 2

 

and 3. The department shall file an annual report of its findings

 

under this section with the secretary of the senate and with the

 

clerk of the house of representatives and shall place a copy of the

 

report on its departmental website. The report shall be filed not

 

later than February 1 of each year. The report shall identify any

 

state departments or agencies or local units of government that

 

have failed to properly report the information required under

 

sections 2 and 3 with the department of state police and whether

 

any funds were withheld due to that failure. The report shall also

 

include the department's recommendations for improvements to the

 

forfeiture process to ensure the appropriate and effective use of

 

forfeiture proceedings, including recommendations to improve the

 

administration and fairness of forfeiture proceedings.

 

     Sec. 8. As used in this act:

 

     (a) "Local unit of government" means a village, city,

 

township, or county.

 

     (b) "Reporting agency" means 1 of the following:

 

     (i) If property is seized by or forfeited to a local unit of

 

government, that local unit of government.

 

     (ii) If property is seized by or forfeited to this state, the

 

state department or agency effectuating the seizure or forfeiture.

 

     Enacting section 1. Section 7524a of the public health code,

 

1978 PA 368, MCL 333.7524a, is repealed.

 

     Enacting section 2. This act does not take effect unless all

 

of the following bills of the 97th Legislature are enacted into

 

law:

 

     (a) House Bill No. 5081.

 

     (b) Senate Bill No. ____ or House Bill No. 5252 (request no.

 

02198'13 a *).

 

     (c) Senate Bill No. ____ or House Bill No. 5251 (request no.

 

04238'13 *).