Bill Text: MI SB0356 | 2011-2012 | 96th Legislature | Chaptered
Bill Title: Crimes; animals; forfeiture of real property used in the commission of animal fighting; allow. Amends sec. 4702 of 1961 PA 236 (MCL 600.4702).
Spectrum: Slight Partisan Bill (Republican 9-5)
Status: (Passed) 2012-12-27 - Assigned Pa 0350'12 With Immediate Effect [SB0356 Detail]
Download: Michigan-2011-SB0356-Chaptered.html
Act No. 350
Public Acts of 2012
Approved by the Governor
December 12, 2012
Filed with the Secretary of State
December 13, 2012
EFFECTIVE DATE: December 13, 2012
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2012
Introduced by Senators Jones, Bieda, Johnson, Schuitmaker, Marleau, Caswell, Hunter, Rocca, Anderson, Young, Nofs, Proos, Colbeck and Hansen
ENROLLED SENATE BILL No. 356
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 4702 (MCL 600.4702), as amended by 2002 PA 142.
The People of the State of Michigan enact:
Sec. 4702. (1) Except as otherwise provided in this section, the following property is subject to seizure by, and forfeiture to, a local unit of government or this state under this chapter:
(a) All personal property that is the proceeds of a crime, the substituted proceeds of a crime, or an instrumentality of a crime.
(b) All real property that is the proceeds of a crime or the substituted proceeds of a crime, except real property that is the primary residence of the spouse or a dependent child of the owner, unless that spouse or dependent child had prior knowledge of, and consented to the commission of, the crime.
(c) In the case of a crime that is a violation of section 49 or chapter LXXXIII-A of the Michigan penal code, 1931 PA 328, MCL 750.49 and 750.543a to 750.543z, all property described in subdivisions (a) and (b) and all real property or personal property that performed 1 of the following functions:
(i) Contributed directly and materially to the commission of the crime.
(ii) Was used to conceal the crime.
(iii) Was used to escape from the scene of the crime.
(iv) Was used to conceal the identity of 1 or more of the individuals who committed the crime.
(2) Property is not subject to seizure or forfeiture if either of the following circumstances exists:
(a) The owner of the property did not have prior knowledge of, or consent to the commission of, the crime.
(b) The owner served written notice of the commission of the crime upon an appropriate law enforcement agency, and served a written notice to quit upon the person who committed the crime.
(3) The forfeiture of property encumbered by a security interest is subject to the interest of the holder of the security interest who did not have prior knowledge of, or consent to the commission of, the crime.
(4) The forfeiture of property encumbered by an unpaid balance on a land contract is subject to the interest of the land contract vendor, if the vendor did not have prior knowledge of, or consent to the commission of, the crime.
(5) The forfeiture of the substituted proceeds of a crime is limited to the value of the proceeds of the crime plus the amount by which any restitution or damages owed to the victim of the crime exceeds the value of the proceeds of the crime.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
