Bill Text: MI SB0002 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Criminal procedure: forfeiture; asset forfeiture; require a criminal conviction before proceeding. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 7521a. TIE BAR WITH: HB 4001'19, HB 4002'19
Spectrum: Bipartisan Bill
Status: (Passed) 2019-05-14 - Assigned Pa 0007'19 With Immediate Effect [SB0002 Detail]
Download: Michigan-2019-SB0002-Engrossed.html
SB-0002, As Passed House, April 24, 2019
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 2
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 7521a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7521a. (1) Except as otherwise provided in this section,
property may be seized as provided in section 7522 for a violation
of this article, but is not subject to forfeiture under section
7521 or disposition under section 7524 unless a criminal proceeding
involving or relating to the property has been completed and the
defendant pleads guilty to or is convicted of a violation of this
article.
(2) A criminal conviction or guilty plea under subsection (1)
is not required if 1 or more of the following apply:
(a) No person claims any interest in the property as provided
under section 7523 or the owner of the property withdraws his or
her claim in the property.
(b) The owner of the property waives the criminal conviction
or plea requirement under subsection (1) and elects to proceed with
the civil forfeiture proceeding.
(c) A criminal charge has been filed and 1 or both of the
following apply:
(i) The defendant is outside this state and cannot reasonably
be extradited or brought back to the state for prosecution.
(ii) Reasonable efforts have been made by law enforcement
authorities to locate and arrest the defendant, but the defendant
has not been located.
(3) If a person withdraws his or her claim under subsection
(2)(a), the prosecuting attorney for the county in which the
property was seized or, if the attorney general is actively
handling a case involving or related to the property, the attorney
general, must review the seizure of the property and approve the
forfeiture of the property before the property may be forfeited.
(4) Subsection (1) does not prohibit the immediate destruction
of property that may not be lawfully possessed by any person or
that is dangerous to the health or safety of the public regardless
of whether the person is convicted of a violation of this article.
(5) This section applies to forfeiture proceedings that are
initiated on or after the effective date of this amendatory act.
(6) This section does not apply to forfeiture proceedings in
which the aggregate fair market value of the property and currency
seized exceeds $50,000.00, excluding the value of contraband.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 100th Legislature are
enacted into law:
(a) House Bill No. 4001.
(b) House Bill No. 4002.
