Bill Text: MI HB5762 | 2017-2018 | 99th Legislature | Chaptered
Bill Title: Civil procedure; other; reference to certain criminal violations; modify. Amends sec. 4701 of 1961 PA 236 (MCL 600.4701). TIE BAR WITH: HB 5761'18
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-08-15 - Assigned Pa 284'18 With Immediate Effect [HB5762 Detail]
Download: Michigan-2017-HB5762-Chaptered.html
Act No. 284
Public Acts of 2018
Approved by the Governor
June 28, 2018
Filed with the Secretary of State
June 29, 2018
EFFECTIVE DATE: September 27, 2018
STATE OF MICHIGAN
99TH LEGISLATURE
REGULAR SESSION OF 2018
Introduced by Reps. Kahle, Bellino and Griffin
ENROLLED HOUSE BILL No. 5762
AN ACT to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 4701 (MCL 600.4701), as amended by 2014 PA 539.
The People of the State of Michigan enact:
Sec. 4701. As used in this chapter:
(a) “Crime” means committing, attempting to commit, conspiring to commit, or soliciting another person to commit any of the following offenses in connection with which the forfeiture of property is sought:
(i) A violation of part 111 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.11101 to 324.11153.
(ii) A violation of part 121 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.12101 to 324.12117.
(iii) A criminal violation of part 413 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.41301 to 324.41325, or a permit issued under that part involving a prohibited species that is an aquatic species.
(iv) A violation of section 4, 5, or 7 of the medicaid false claim act, 1977 PA 72, MCL 400.604, 400.605, and 400.607.
(v) A violation of section 2 or 3 of the Michigan antitrust reform act, 1984 PA 274, MCL 445.772 and 445.773.
(vi) A violation described in section 508 of the uniform securities act (2002), 2008 PA 551, MCL 451.2508.
(vii) A violation of section 5 or 7 of 1978 PA 33, MCL 722.675 and 722.677.
(viii) A violation of any of the following:
(A) Section 49, 75, 94, 95, 96, 100, 104, 105, 110, 110a, 112, 117, 118, 119, 120, 121, 124, 145c, 145d, 157q, 157r, 174, 175, 176, 180, 181, 182, 213, 214, 218, 219a, 224, 248, 249, 250, 251, 252, 253, 254, 255, 263, 264, 271, 272, 273, 274, 300, 356, 357, 357a, 359, 360, 459, 520b, 520c, 520d, 520g, 529, 530, 531, 535, 540c, or 540g of the Michigan penal code, 1931 PA 328, MCL 750.49, 750.75, 750.94, 750.95, 750.96, 750.100, 750.104, 750.105, 750.110, 750.110a, 750.112, 750.117, 750.118, 750.119, 750.120, 750.121, 750.124, 750.145c, 750.145d, 750.157q, 750.157r, 750.174, 750.175, 750.176, 750.180, 750.181, 750.182, 750.213, 750.214, 750.218, 750.219a, 750.224, 750.248, 750.249, 750.250, 750.251, 750.252, 750.253, 750.254, 750.255, 750.263, 750.264, 750.271, 750.272, 750.273, 750.274, 750.300, 750.356, 750.357, 750.357a, 750.359, 750.360, 750.459, 750.520b, 750.520c, 750.520d, 750.520g, 750.529, 750.530, 750.531, 750.535, 750.540c, and 750.540g, or former section 106 of that act.
(B) Chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h.
(C) Chapter LXXXIII-A of the Michigan penal code, 1931 PA 328, MCL 750.543a to 750.543z.
(ix) A violation of 1979 PA 53, MCL 752.791 to 752.797.
(x) A violation of section 601 of the occupational code, 1980 PA 299, MCL 339.601.
(b) “Instrumentality of a crime” means any property, other than real property, the use of which contributes directly and materially to the commission of a crime.
(c) “Person” means an individual, corporation, limited liability company, partnership, or other business entity, or an unincorporated or voluntary association.
(d) “Proceeds of a crime” means any property obtained through the commission of a crime, including any appreciation in the value of the property.
(e) “Security interest” means any interest in real or personal property that secures payment or performance of an obligation.
(f) “Substituted proceeds of a crime” means any property obtained or any gain realized by the sale or exchange of proceeds of a crime.
(g) “Willful blindness” means the intentional disregard of objective fact that would lead a reasonable person to conclude that the property was derived from unlawful activity or would be used for an unlawful purpose.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless House Bill No. 5761 of the 99th Legislature is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
