HB-4001, As Passed Senate, April 25, 2019

 

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 4001

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

(MCL 333.1101 to 333.25211) by adding section 7523a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 7523a. (1) If section 7521a applies to a forfeiture case

 

under this article, the seized property is subject to forfeiture

 

under section 7521, and a person has filed a claim as provided

 

under section 7523, a civil forfeiture action under this act must

 

be stayed during the pendency of the applicable criminal

 

proceedings. The civil forfeiture action must proceed after the

 

defendant is convicted of, or enters a guilty plea to, the offense

 

involved, or 1 or more of the events described in section 7521a(2)

 

applies.

 

     (2) At the forfeiture hearing, the plaintiff must prove 1 or

 

both of the following, as applicable:

 

     (a) The property is subject to forfeiture as provided in

 

section 7521(1).

 

     (b) If a person, other than the person who has been convicted

 

of a violation of this article or entered into a plea agreement in

 

connection with a violation of this article as provided under

 

section 7521a(1), claims an ownership or security interest in the

 

property, that the person claiming the interest in the property had

 

prior knowledge of or consented to the commission of the crime.

 

     (3) If the plaintiff fails to meet the burden of proof under

 

subsection (2), property seized under section 7522 must be returned

 

to the owner not more than 14 days from the date the court issues a

 

dispositive order.

 

     (4) Except as otherwise provided in section 7521a, property

 

must be returned to the owner not more than 14 days after the

 

occurrence of any of the following:

 

     (a) A warrant is not issued against a person for the

 

commission of a crime within 90 days after the property was seized.

 

     (b) All charges against the person relating to the commission

 

of a crime are dismissed.

 

     (c) The person charged with committing a crime is acquitted of

 

the crime.

 

     (d) In the case of multiple defendants, all persons charged

 

with committing a crime are acquitted of the crime.

 

     (e) Entry of a court order under this article for the return

 

of the property.

     (5) A party to a forfeiture proceeding may seek an extension

 

of the time periods described in this section for good cause. The

 

court may grant a motion for an extension under this subsection for

 

good cause shown.

 

     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) Senate Bill No. 2.

 

     (b) House Bill No. 4002.