Bill Text: MI HB4631 | 2021-2022 | 101st Legislature | Chaptered
Bill Title: Criminal procedure: forfeiture; public and regional airport authorities; exempt from certain requirements in certain controlled substance related cases. Amends sec. 7521a of 1978 PA 368 (MCL 333.7521a).
Spectrum: Bipartisan Bill
Status: (Passed) 2022-05-26 - Assigned Pa 86'22 With Immediate Effect [HB4631 Detail]
Download: Michigan-2021-HB4631-Chaptered.html
Act No. 86
Public Acts of 2022
Approved by the Governor
May 26, 2022
Filed with the Secretary of State
May 26, 2022
EFFECTIVE DATE: May 26, 2022
state of michigan
101st Legislature
Regular session of 2022
Introduced by Reps. Filler and Garza
ENROLLED HOUSE BILL No. 4631
AN ACT to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 7521a (MCL 333.7521a), as added by 2019 PA 7.
The People of the State of Michigan enact:
(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 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 August 7, 2019.
(6) Except as provided in subsection (7), 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.
(7) This section does not apply to forfeiture proceedings in which the aggregate fair market value of the property and currency seized exceeds $20,000.00, excluding the value of contraband, if the forfeiture proceedings were initiated in connection with the seizure of property by law enforcement officers appointed by a public airport authority created under section 110 of the aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.110, or by a regional airport authority created under section 139 of the aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.139.
This act
is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor
