March 8, 2018, Introduced by Reps. Runestad, Hornberger, Tedder, Glenn, Leutheuser, Reilly, Bizon, Howrylak, Vaupel, Lucido, Howell and LaFave 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 2016 PA 418.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7523. (1) If property is seized under section 7522,
forfeiture
proceedings shall must be instituted promptly. If the
property is seized without process under section 7522, and the
total value of the property seized does not exceed $50,000.00, the
following
procedure shall must be used:
(a) The local unit of government that seized the property or,
if the property was seized by this 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 must 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 that 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, the local
unit of government or, if applicable, this state shall transmit the
claim 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 within the 20-day period as described
in
subdivision (c), the local unit of government or this 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 under 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.the following
procedure must be used:
(i) The seizing agency shall immediately provide a second
notice to 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, and the owner of the property in the same manner as
provided under subdivision (a) of the seizure of the property and
the intention to forfeit and dispose of the property.
(ii) The seizing agency shall provide a list of the property
seized to 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, and the owner of the property in the same manner as the
owner was provided notice under subdivision (a).
(iii) 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, shall review the list of the property seized. If after a
review of the seizure the prosecuting attorney or attorney general
determines that all or some of the property seized is lawfully
subject to seizure and forfeiture under this article, the
prosecutor or attorney general shall seek a court order approving
the seizure and forfeiture and affirming that the property will not
be moved, sold, transferred, or destroyed while forfeiture
proceedings are pending.
(iv) After obtaining an order under subparagraph (iii), the
prosecutor or attorney general shall notify the seizing agency of
the determination under subparagraph (iii) and the local unit of
government or this state shall declare the property forfeited and
shall dispose of the property as provided under section 7524.
(v) Except as to property that is required to be destroyed by
law, that is harmful to the public, or that is evidence in a
criminal investigation or proceeding, if the prosecuting attorney
or attorney general does not approve the seizure of the property
under subparagraph (iii), the seizing agency shall return the
property to the person from whom it was seized.
(2) Property taken or detained under this article is not
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, 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.
(d) Deposit money seized under this article into an interest-
bearing account in a financial institution. As used in this
subdivision, "financial institution" means a state or nationally
chartered bank or a state or federally chartered savings and loan
association, savings bank, or credit union whose deposits are
insured by an agency of the United States government and that
maintains a principal office or branch office located in this state
under the laws of this state or the United States.
(3)
Title to real property forfeited under this article shall
must 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 the secured party who
neither had knowledge of nor consented to the act or omission.
(4) An attorney for a person who is charged with a crime
involving
or related to the money seized under this article shall
must be afforded a period of 60 days within which to examine that
money. This 60-day period begins to run after notice is given under
subsection (1)(a) but before the money is deposited into a
financial institution under subsection (2)(d). If the attorney
general, prosecuting attorney, or city or township attorney fails
to sustain his or her burden of proof in forfeiture proceedings
under this article, the court shall order the return of the money,
including any interest earned on money deposited into a financial
institution under subsection (2)(d).
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.