2015 House Bill 4499 / Public Act 153

Increase civil asset forfeiture burden of proof

Introduced in the House

April 22, 2015

Introduced by Rep. Gary Glenn (R-98)

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.

Referred to the Committee on Judiciary

May 26, 2015

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

June 4, 2015

Passed in the House 104 to 5 (details)

Received in the Senate

June 9, 2015

Referred to the Committee on Judiciary

Aug. 20, 2015

Reported without amendment

With the recommendation that the bill pass.

Oct. 7, 2015

Passed in the Senate 38 to 0 (details)

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

Oct. 20, 2015