HB-4001, As Passed House, February 28, 2019

 

 

 

 

 

 

 

 

 

 

 

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 7521a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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 a criminal proceeding

 

involving or relating to the property has been completed and the

 

defendant pleads guilty to or is convicted of a violation of this

 

article.

 

     (2) A criminal conviction or guilty plea under subsection (1)

 

is not required if 1 or more of the following apply:

 

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

 

under section 7523 or the owner of the property withdraws his or

House Bill No. 4001 as amended February 27, 2019

her claim in the property.

 

     (b) The owner of the property waives the criminal conviction

 

or plea requirement under subsection (1) and elects to proceed with

 

the civil forfeiture proceeding.

 

     (c) A criminal charge has been filed and 1 or both of the

 

following apply:

 

     (i) The defendant is outside this state and cannot reasonably

 

be extradited or brought back to the state for prosecution.

 

     (ii) Reasonable efforts have been made by law enforcement

 

authorities to locate and arrest the defendant, but the defendant

 

has not been located.

 

     (3) If a person withdraws his or her claim under subsection

 

(2)(a), the prosecuting attorney for the county in which the

 

property was seized or, if the attorney general is actively

 

handling a case involving or related to the property, the attorney

 

general, must review the seizure of the property and approve the

 

forfeiture of the property before the property may be forfeited.

 

     (4) 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.

 

     (5) This section applies to forfeiture proceedings that are

 

[              ] initiated on or after, the effective date of this

 

amendatory act.

 

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

 

which the aggregate fair market 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 House Bill No. 4002 of the 100th Legislature is enacted into

 

law.