February 2, 2005, Introduced by Senators LELAND, GARCIA, CLARKE, BARCIA, BRATER, GEORGE and BISHOP and referred to the Committee on Judiciary.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 7523 (MCL 333.7523), as amended by 1990 PA 336.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7523. (1) If property is seized pursuant to section 7522,
forfeiture proceedings shall be instituted promptly. If the
property is seized without process as provided under section 7522,
and the total value of the property seized does not exceed
$50,000.00, the following procedure shall be used:
(a)
The local unit of government that seized the property ,
or, if the property was seized by the state, the state shall notify
the
owner of the property that the property has been seized , and
that the local unit of government or, if applicable, the state
intends to forfeit and dispose of the property by delivering a
written notice to the owner of the property or by sending the
notice to the owner by certified mail. If the name and address of
the owner are not reasonably ascertainable, or delivery of the
notice cannot be reasonably accomplished, the notice shall be
published in a newspaper of general circulation in the county in
which the property was seized, for 10 successive publishing days.
(b) Unless all criminal proceedings involving or relating to
the property have been completed, the seizing agency shall
immediately notify the prosecuting attorney for the county in which
the property was seized or, if the attorney general is actively
handling a case involving or relating to the property, the attorney
general of the seizure of the property and the intention to forfeit
and dispose of the property.
(c) Any person claiming an interest in property which is the
subject of a notice under subdivision (a) may, within 20 days after
receipt of the notice or of the date of the first publication of
the notice, file a written claim signed by the claimant with the
local unit of government or the state expressing his or her
interest in the property. Upon the filing of the claim, and the
giving of a bond to the local unit of government or the state in
the amount of 10% of the value of the claimed property, but not
less than $250.00 or greater than $5,000.00, with sureties approved
by the local unit of government or the state conditioned that if
the property is ordered forfeited by the court the obligor shall
pay
all costs and expenses of the forfeiture proceedings, .The
the
local unit of government or, if applicable, the state shall
transmit the claim and bond with a list and description of the
property seized to the attorney general, the prosecuting attorney
for the county, or the city or township attorney for the local unit
of government in which the seizure was made. The attorney general,
the prosecuting attorney, or the city or township attorney shall
promptly institute forfeiture proceedings after the expiration of
the 20-day period. However, unless all criminal proceedings
involving or relating to the property have been completed, a city
or township attorney shall not institute forfeiture proceedings
without the consent of the prosecuting attorney or, if the attorney
general is actively handling a case involving or relating to the
property, the attorney general.
(d) If no claim is filed or bond given within the 20-day
period as described in subdivision (c), the local unit of
government or the state shall declare the property forfeited and
shall dispose of the property as provided under section 7524.
However, unless all criminal proceedings involving or relating to
the property have been completed, the local unit of government or
the state shall not dispose of the property pursuant to this
subdivision without the written consent of the prosecuting attorney
or, if the attorney general is actively handling a case involving
or relating to the property, the attorney general.
(2) Property taken or detained under this article or pursuant
to former section 17766a shall not be subject to an action to
recover personal property, but is deemed to be in the custody of
the seizing agency subject only to this section or an order and
judgment of the court having jurisdiction over the forfeiture
proceedings. When property is seized under this article or pursuant
to former section 17766a, the seizing agency may do any of the
following:
(a) Place the property under seal.
(b) Remove the property to a place designated by the court.
(c) Require the administrator to take custody of the property
and remove it to an appropriate location for disposition in
accordance with law.
(3) Title to real property forfeited under this article or
pursuant to former section 17766a shall be determined by a court of
competent jurisdiction. A forfeiture of real property encumbered by
a
bona fide security interest is subject to the interest of if
the
secured party who neither had knowledge of nor consented to
the act or omission.
(4) Section 2975 of the revised judicature act of 1961, 1961
PA 236, MCL 600.2975, applies to a motor vehicle that has been
seized under this article but not finally forfeited.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 138
of the 93rd Legislature is enacted into law.