HOUSE BILL No. 4001

 

 

January 9, 2019, Introduced by Rep. Wentworth and referred to the Committee on Judiciary.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 7521 (MCL 333.7521), as amended by 2015 PA 154,

 

and by adding section 7521a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 7521. (1) The following property is subject to

 

forfeiture:

 

     (a) A prescription form, controlled substance, an imitation

 

controlled substance, a controlled substance analogue, or other

 

drug that has been manufactured, distributed, dispensed, used,

 

possessed, or acquired in violation of this article.

 

     (b) A raw material, product, or equipment of any kind that is

 

used, or intended for use, in manufacturing, compounding,

 

processing, delivering, importing, or exporting a controlled

 

substance, a controlled substance analogue, or other drug in

 

violation of this article; or a raw material, product, or equipment

 

of any kind that is intended for use in manufacturing, compounding,

 

processing, delivering, importing, or exporting an imitation

 

controlled substance in violation of section 7341.

 

     (c) Property that is used, or intended for use, as a container

 

for property described in subdivision (a) or (b).

 

     (d) Except as provided in subparagraphs (i) to (iv), a

 

conveyance, including an aircraft, vehicle, or vessel used or

 

intended for use, to transport, or in any manner to facilitate the

 

transportation, for the purpose of sale or receipt of property

 

described in subdivision (a) or (b):

 

     (i) A conveyance used by a person as a common carrier in the

 

transaction of business as a common carrier is not subject to

 

forfeiture unless it appears that the owner or other person in

 

charge of the conveyance is a consenting party or privy to a

 

violation of this article.

 

     (ii) A conveyance is not subject to forfeiture by reason of

 

any act or omission established by the owner of that conveyance to

 

have been committed or omitted without the owner's knowledge or

 

consent.

 

     (iii) A conveyance is not subject to forfeiture for a

 

violation of section 7403(2)(c) or (d), section 7404, or section

 

7341(4).

 

     (iv) A forfeiture of a conveyance 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.

 

     (e) Books, records, and research products and materials,

 

including formulas, microfilm, tapes, and data used, or intended

 

for use, in violation of this article.

 

     (f) Any thing of value that is furnished or intended to be

 

furnished in exchange for a controlled substance, an imitation

 

controlled substance, or other drug in violation of this article

 

that is traceable to an exchange for a controlled substance, an

 

imitation controlled substance, or other drug in violation of this

 

article or that is used or intended to be used to facilitate any

 

violation of this article including, but not limited to, money,

 

negotiable instruments, or securities. To the extent of the

 

interest of an owner, a thing of value is not subject to forfeiture

 

under this subdivision by reason of any act or omission that is

 

established by the owner of the item to have been committed or

 

omitted without the owner's knowledge or consent. Any money that is

 

found in close proximity to any property that is subject to

 

forfeiture under subdivision (a), (b), (c), (d), or (e) is presumed

 

to be subject to forfeiture under this subdivision. This

 

presumption may be rebutted by clear and convincing evidence.

 

     (g) Any other drug paraphernalia not described in subdivision

 

(b) or (c).

 

     (2) The Except as provided in section 7521a or 7523a, the

 

plaintiff in a forfeiture action under this article has the burden

 

of proving a violation of this article by clear and convincing

 

evidence. This subsection applies to forfeiture proceedings

 

commenced under this article on or after the effective date of the

amendatory act that added this subsection.January 18, 2016.

 

     (3) As used in this section, "imitation controlled substance"

 

means that term as defined in section 7341.

 

     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 forfeitureunder section

 

7521 or disposition under section 7524 unless 1 of the following

 

applies:

 

     (a) A criminal proceeding involving or relating to the

 

property has been completed and the defendant is convicted of a

 

violation of this article.

 

     (b) A criminal proceeding involving or relating to the

 

property has been completed and the defendant enters into a plea

 

agreement.

 

     (c) No person claims any interest in the property as provided

 

under section 7523.

 

     (2) 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.

 

     (3) This section applies to forfeiture proceedings that are

 

pending on, or initiated on or after, the effective date of this

 

amendatory act.

 

     (4) This section does not apply to forfeiture proceedings in

 

which the aggregate net equity 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 Senate Bill No.____ or House Bill No.____ (request no.

 

01190'19) of the 100th Legislature is enacted into law.