Signed by Governor Gretchen Whitmer

Vote Smart's Synopsis:

Vote to pass a bill that prohibits property seizures by law enforcement until after criminal conviction.

Highlights:

• Authorizes law enforcement to seize property relating to a violation but specifies that the individual subject to the asset forfeiture will not be required to permanently forfeit their rights to the property until one of the following scenarios occurs, including (Sec. 7521A):

• A criminal proceeding involving the property has occurred and the individual defendant is convicted of a criminal violation;

• A criminal proceeding involving the property has occurred and the individual defendant has entered into a plea deal approved by the court;

• No person claims any interest in the property;

• The owner of the property signs a signed form stating that they are relinquishing ownership of the property.

• Specifies that this section does not apply to forfeiture proceedings in which the amount of net equity value of the property exceeds $50,000 (Sec. 7521A).

• Requires the state court administrator's office develop and make available to law enforcement agencies, courts, and the public, a form for asserting an ownership interest in seized property (Sec. 7521A).

Full Bill Text