Bill Text: MI SB1175 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Criminal procedure; forfeiture; authorized use of drug forfeiture revenues; modify. Amends sec. 7524 of 1978 PA 368 (MCL 333.7524).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-25 - Referred To Committee On Judiciary [SB1175 Detail]
Download: Michigan-2009-SB1175-Introduced.html
SENATE BILL No. 1175
February 25, 2010, Introduced by Senator CHERRY and referred to the Committee on Judiciary.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 7524 (MCL 333.7524), as amended by 2006 PA 558.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7524. (1) When property is forfeited under this article,
the local unit of government that seized the property may do any of
the following, or if the property is seized by or in the custody of
the state, the state may do any of the following, subject to
section 7523(1)(d):
(a) Retain it for official use.
(b) Sell that which is not required to be destroyed by law and
which is not harmful to the public. The proceeds and any money,
negotiable instruments, securities, or any other thing of value as
described
in section 7521(1)(f) that are forfeited pursuant to
under this article shall be deposited with the treasurer of the
entity having budgetary authority over the seizing agency and
applied as follows:
(i) For the payment of proper expenses of the proceedings for
forfeiture and sale, including expenses incurred during the seizure
process, maintenance of custody, advertising, and court costs,
except as otherwise provided in subsection (4).
(ii) The balance remaining after the payment of expenses
described under subparagraph (i) shall be distributed by the court
having jurisdiction over the forfeiture proceedings to the
treasurer of the entity having budgetary authority over the seizing
agency. If more than 1 agency was substantially involved in
effecting the forfeiture, the court having jurisdiction over the
forfeiture proceeding shall equitably distribute the money among
the treasurers of the entities having budgetary authority over the
seizing agencies. A seizing agency may direct that the funds or a
portion of the funds it would otherwise have received under this
subsection be paid to nonprofit organizations whose primary
activity is to assist law enforcement agencies with drug-related
criminal investigations and obtaining information for solving
crimes. The money received by a seizing agency under this
subparagraph and all interest and other earnings on money received
by
the seizing agency under this subparagraph shall be used to
enhance
for law enforcement efforts pertaining to this
article
operations, as appropriated by the entity having budgetary
authority over the seizing agency. A distribution made under this
subparagraph shall serve as a supplement to, and not a replacement
for, the funds budgeted on January 1, 1991, for law enforcement
efforts pertaining to this article.
(c) Require the administrator to take custody of the property
and remove it for disposition in accordance with law.
(d) Forward it to the bureau for disposition.
(2) Notwithstanding subsection (1), this state or local units
of government may donate lights for plant growth or scales
forfeited under this article to elementary or secondary schools or
institutions of higher education that request in writing to receive
those
lights or scales pursuant to under
this subsection, for
educational purposes. This state or local units of government shall
donate
lights and scales pursuant to under
this subsection to
elementary or secondary schools or institutions of higher education
in the order in which the written requests are received. This state
or local units of government may limit the number of lights and
scales available to each requestor.
(3)
In the course of selling real property pursuant to under
subsection (1)(b), the court that has entered an order of
forfeiture may, on motion of the agency to whom the property has
been forfeited, appoint a receiver to dispose of the real property
forfeited. The receiver shall be entitled to reasonable
compensation. The receiver shall have 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.
(4) If a court enters an order of forfeiture, the court may
order a person who claimed an interest in the forfeited property
pursuant
to under section 7523(1)(c) to pay the expenses of the
proceedings of forfeiture to the entity having budgetary authority
over the seizing agency.
