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Legislation watch
2019 House Bill 4002: Require conviction for property forfeiture
Public Act 9 of 2019
Introduced by Rep. David LaGrand D-Grand Rapids on January 9, 2019
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. Official Text and Analysis.
Received to the House Judiciary Committee on January 9, 2019
Amendment offered by Rep. Julie Brixie D-Meridian Township on February 27, 2019
To clarify that the bill's provisions are subject to the requirement proposed by House Bill 4001.
The amendment passed by voice vote in the House on February 27, 2019
Received in the Senate on March 5, 2019
Referred to the Senate Judiciary and Public Safety Committee on March 5, 2019
Reported in the Senate on April 23, 2019
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
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 on April 25, 2019
Signed by Gov. Gretchen Whitmer on May 9, 2019