HOUSE BILL No. 5655

 

December 8, 2009, Introduced by Reps. Espinoza, Polidori, Hansen, Byrnes, Tlaib and Neumann and referred to the Committee on Judiciary.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

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.