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Legislation watch
2015 House Bill 4499: Increase civil asset forfeiture burden of proof
Public Act 153 of 2015
Introduced by Rep. Gary Glenn (R) on April 22, 2015
To require a more rigorous “clear and convincing evidence” burden of proof standard in a law that gives government the power to take ownership of an owner’s property that has been deemed a "nuisance” due to being associated with criminal activity. Under current law property may be "forfeited" in this way under the least rigorous "preponderance of the evidence" standard. Other bills in the package (House Bills 4499 to 4507) make the same change to other criminal statutes and require more disclosures by agencies. Official Text and Analysis.
To require a more rigorous “clear and convincing evidence” burden of proof standard in a law that gives government the power to take ownership of an owner’s property that has been deemed a "nuisance” due to being associated with criminal activity. Under current law property may be "forfeited" in this way under the least rigorous "preponderance of the evidence" standard. Other bills in the package (House Bills 4499 to 4507) make the same change to other criminal statutes and require more disclosures by agencies. Official Text and Analysis.
Referred to the House Judiciary Committee on April 22, 2015
Reported in the House on May 26, 2015
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
Passed 104 to 5 in the House on June 4, 2015.
See Who Voted "Yes" and Who Voted "No". (same description)
To require a more rigorous “clear and convincing evidence” burden of proof standard in a law that gives government the power to take ownership of an owner’s property that has been deemed a "nuisance” due to being associated with criminal activity. Under current law property may be "forfeited" in this way under the least rigorous "preponderance of the evidence" standard. Other bills in the package (House Bills 4499 to 4507) make the same change to other criminal statutes and require more disclosures by agencies.
See Who Voted "Yes" and Who Voted "No". (same description)
To require a more rigorous “clear and convincing evidence” burden of proof standard in a law that gives government the power to take ownership of an owner’s property that has been deemed a "nuisance” due to being associated with criminal activity. Under current law property may be "forfeited" in this way under the least rigorous "preponderance of the evidence" standard. Other bills in the package (House Bills 4499 to 4507) make the same change to other criminal statutes and require more disclosures by agencies.
Received in the Senate on June 9, 2015
Referred to the Senate Judiciary Committee on June 9, 2015
Reported in the Senate on August 20, 2015
With the recommendation that the bill pass.
With the recommendation that the bill pass.
Passed 38 to 0 in the Senate on October 7, 2015.
See Who Voted "Yes" and Who Voted "No". (same description)
To require a more rigorous “clear and convincing evidence” burden of proof standard in a law that gives government the power to take ownership of an owner’s property that has been deemed a "nuisance” due to being associated with criminal activity. Under current law property may be "forfeited" in this way under the least rigorous "preponderance of the evidence" standard. Other bills in the package (House Bills 4499 to 4507) make the same change to other criminal statutes and require more disclosures by agencies.
See Who Voted "Yes" and Who Voted "No". (same description)
To require a more rigorous “clear and convincing evidence” burden of proof standard in a law that gives government the power to take ownership of an owner’s property that has been deemed a "nuisance” due to being associated with criminal activity. Under current law property may be "forfeited" in this way under the least rigorous "preponderance of the evidence" standard. Other bills in the package (House Bills 4499 to 4507) make the same change to other criminal statutes and require more disclosures by agencies.
Signed by Gov. Rick Snyder on October 20, 2015
