Bill Text: MI HB5725 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Civil procedure; other; release of impounded vehicle and waiver of vehicle impound or forfeiture fee; provide for under certain circumstances. Amends secs. 4706 & 8733 of 1961 PA 236 (MCL 600.4706 & 600.8733) & adds sec. 2977.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2009-12-30 - Printed Bill Filed 12/21/2009 [HB5725 Detail]

Download: Michigan-2009-HB5725-Introduced.html

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HOUSE BILL No. 5725

 

December 18, 2009, Introduced by Reps. Leland, Valentine, Tlaib, Melton, Womack, Geiss, Constan, Liss and Cushingberry and referred to the Committee on Judiciary.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending sections 4706 and 8733 (MCL 600.4706 and 600.8733),

 

section 4706 as added by 1988 PA 104 and section 8733 as amended by

 

2003 PA 95, and by adding section 2977.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2977. A motor vehicle seized by this state or a local

 

unit of government that is subject to forfeiture under a law of

 

this state or an ordinance of a local unit of government shall be

 

returned to the owner within 7 days and any forfeiture fees or fees

 

for impounding the vehicle shall be waived, if 1 of the following

 

occurs:

 

     (a) The owner is arrested or detained because of circumstances

 

related to the seizure of the motor vehicle and is released without

 

being charged with a crime, civil infraction, or civil violation.

 

     (b) If the owner is charged with committing a crime because of

 

circumstances related to the seizure of the motor vehicle, the

 

owner is acquitted of the crime.

 

     (c) If the owner is charged with committing a civil infraction

 

or civil violation because of circumstances related to the seizure

 

of the motor vehicle, the owner is found to be not responsible for

 

the civil infraction or civil violation.

 

     Sec. 4706. (1) Except as otherwise provided by law, personal

 

property seized pursuant to under section 4703 shall be returned to

 

the owner, or a lien filed against real property under section 4703

 

or against a motor vehicle under section 4705, shall be discharged

 

, within 7 days after the occurrence of any of the following:

 

     (a) A warrant is not issued against a person for the

 

commission of a crime within 7 days after the property is seized

 

or, if the property is real property, within 7 days after the lien

 

is filed.

 

     (b) All charges against the consenting legal owner relating to

 

the commission of a crime are dismissed.

 

     (c) The consenting legal owner charged with committing a crime

 

is acquitted of the crime.

 

     (d) In the case of multiple defendants, all persons charged

 

with committing a crime are acquitted of the crime.

 

     (e) Entry of a court order pursuant to under this chapter for

 

the return of the property or the discharge of the lien.

 

     (2) Section 2977 also applies to a motor vehicle that has been

 

seized under this chapter.

 

     Sec. 8733. (1) An authorized local official may seize and

 

impound a vehicle operated in the commission of a trailway

 

municipal civil infraction. Upon impoundment, the vehicle is

 

subject to a lien, subordinate to a prior lien of record, in the

 

amount of any fine, costs, or assessment that the defendant may be

 

ordered to pay under section 8727 and any expenses described in

 

subsection (2) that the defendant may be ordered to pay under

 

section 8727. The defendant or a person with an ownership interest

 

in the vehicle may post with the court a cash or surety bond in the

 

amount of $750.00. If such a bond is posted, the vehicle shall be

 

released from impoundment. The vehicle shall also be released, and

 

the lien shall be discharged, upon a judicial determination that

 

the defendant is not responsible for the trailway municipal civil

 

infraction if required by section 2977 or upon payment of the fine,

 

costs, assessment, and damages and expenses.

 

     (2) In a trailway municipal civil infraction action, an order

 

under section 8727 may require the defendant to pay 1 or both of

 

the following:

 

     (a) The amount of damages to any land, water, wildlife,

 

vegetation, or other natural resource or to any facility damaged by

 

the violation of the ordinance. Money collected under this

 

subdivision shall be distributed to the governmental entity that

 

has jurisdiction over the recreational trailway.

 

     (b) The reasonable expense of impoundment under subsection

 

(1). Money collected under this subdivision shall be distributed to

 

the governmental entity employing the authorized local official who

 

impounded the vehicle involved in the trailway municipal civil

 

infraction.

 

     (3) If the court determines that the defendant is responsible

 

for the trailway municipal civil infraction and the defendant

 

defaults in the payment of the fine, costs, assessment, or damages

 

or expenses, or in any installment, as ordered pursuant to section

 

8727, any bond posted under subsection (1) shall be forfeited and

 

applied to the fine, costs, assessment, damages, expenses, or

 

installment. The court shall certify any remaining unpaid amount to

 

the attorney for the governmental entity whose ordinance was

 

violated. The attorney for the governmental entity may enforce the

 

lien by a foreclosure sale. The foreclosure sale shall be conducted

 

in the manner provided and subject to the same rights as apply in

 

the case of execution sales under sections 6031, 6032, 6041, 6042,

 

and 6044 to 6047.

 

     (4) Not less than 21 days before the foreclosure sale, the

 

attorney for the governmental entity whose ordinance was violated

 

shall by certified mail send written notice of the time and place

 

of the foreclosure sale to each person with a known ownership

 

interest in or lien of record on the vehicle. In addition, not less

 

than 10 days before the foreclosure sale, the attorney shall twice

 

publish notice of the time and place of the foreclosure sale in a

 

newspaper of general circulation in the county in which the vehicle

 

was seized. The proceeds of the foreclosure sale shall be

 

distributed in the following order of priority:

 

     (a) To discharge any lien on the vehicle that was recorded

 

prior to the creation of the lien under subsection (1).

 

     (b) To the clerk of the court for the payment of the fine,

 

costs, assessment, damages, and expenses that the defendant was

 

ordered to pay under section 8727.

 

     (c) To discharge any lien on the vehicle that was recorded

 

after the creation of the lien under subsection (1).

 

     (d) To the owner of the vehicle.