HOUSE BILL NO. 5974
July 22, 2020, Introduced by Reps. Yaroch and
Wozniak and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 4708 (MCL 600.4708), as amended by 2014 PA 333.
the people of the state of michigan enact:
Sec. 4708. (1) When property is forfeited under this
chapter, the unit of government that seized or filed a lien against the
property may sell the property that is not required to be destroyed by law and
that is not harmful to the public and may dispose of the proceeds and any
money, including any interest earned on money deposited in a financial
institution as described in section 4703(6), negotiable instrument, security,
or other thing of value that is forfeited under this chapter in the following
order of priority:
(a) Pay any outstanding
security interest of a secured party who did not have prior knowledge of, or
consent to the commission of, the crime, or did not acquire his or her interest
as the result of a transfer that is void under section 4703(7).
(b) Satisfy any order of
restitution in the prosecution for the crime.
(c) Pay the claim of each
person who shows that he or she is a victim of the crime to the extent that the
claim is not covered by an order of restitution.
(d) Pay any outstanding
lien against the property that has been imposed by a governmental unit.
(e) Pay the proper
expenses of the proceedings for forfeiture and sale, including, but not limited
to, expenses incurred during the seizure process and expenses for maintaining
custody of the property, advertising, as well as reasonable prosecution and
court costs.
(f) The balance remaining
after the payment of restitution, the claims of victims, outstanding liens, and
expenses shall must be distributed by the court having
jurisdiction over the forfeiture proceedings to the treasurer of the unit or units of government
substantially involved in effecting the forfeiture. Seventy-five percent of the
money received by a unit of government under this subdivision shall must be used to enhance enforcement of
the criminal laws as appropriated by the entity having budgetary authority over the
unit or units of government substantially involved in effecting the forfeiture with
not more than 10% being directed to the prosecuting attorney for the county if
the county is the unit, or 1 of the units of government substantially involved
in effecting the forfeiture and 25% of the money shall must be used to implement the William Van
Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834. A
unit of government receiving money under this subdivision shall report annually
to the department of technology, management, and budget the amount of money received
under this subdivision that was used to enhance enforcement of the criminal
laws and the amount that was used to implement the William Van Regenmorter
crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834.
(2) In the course of
selling real property under subsection (1), the court that enters an order of
forfeiture, on motion of the unit of government to whom the property is
forfeited, may appoint a receiver to dispose of the real property forfeited.
The receiver is entitled to reasonable compensation. The receiver has authority
to do all of the following:
(a) List the forfeited
real property for sale.
(b) Make whatever
arrangements are necessary for the maintenance and preservation of the
forfeited real property.
(c) Accept offers to
purchase the forfeited real property.
(d) Execute instruments
transferring title to the forfeited real property.
(3) If any property included in the order of forfeiture under this chapter cannot be located or has been sold to a bona fide purchaser for value, placed beyond the jurisdiction of the court, substantially diminished in value by the conduct of the defendant, or commingled with other property that cannot be divided without difficulty or undue injury to innocent persons, the court may order forfeiture of any other reachable property of the owner up to the value of the property that is unreachable as described in this subsection. This subsection only applies against an owner that is also the person convicted of the crime underlying the forfeiture action.