2019 House Bill 4002 / Public Act 9

Require conviction for property forfeiture

Introduced in the House

Jan. 9, 2019

Introduced by Rep. David LaGrand (D-75)

To establish procedures, deadlines, burden of proof requirements and more for civil asset forfeiture legal proceedings, in which a government agency (usually police) seek to take ownership of property that has been seized because it is suspected of being the proceeds or an “instrumentality” of a suspected drug-related crime. Among other things the bill would require seized property to be returned in 90 days if there has been no arrest, or charges are dropped, or the owner has been acquitted.

Referred to the Committee on Judiciary

Feb. 27, 2019

Amendment offered by Rep. Julie Brixie (D-69)

To clarify that the bill's provisions are subject to the requirement proposed by House Bill 4001.

The amendment passed by voice vote

Feb. 28, 2019

Passed in the House 107 to 3 (details)

Received in the Senate

March 5, 2019

Referred to the Committee on Judiciary and Public Safety

April 23, 2019

Reported without amendment

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

April 25, 2019

Passed in the Senate 37 to 1 (details)

To establish procedures, deadlines, burden of proof requirements and more for civil asset forfeiture legal proceedings, in which a government agency (usually police) seek to take ownership of property that has been seized because it is suspected of being the proceeds or an “instrumentality” of a suspected drug-related crime. The bill also revises procedural details for reimbursement claims by a person with an ownership interest in the seized property (for example the issuer of a vehicle loan).

Received in the House

April 25, 2019

Passed in the House 107 to 3 (details)

Signed by Gov. Gretchen Whitmer

May 9, 2019