October 16, 2013, Introduced by Reps. McMillin, Robinson, Geiss, Santana, Irwin, Howrylak, Johnson, Callton and Foster and referred to the Committee on Criminal Justice.


     A bill to amend 1961 PA 236, entitled


"Revised judicature act of 1961,"


(MCL 600.101 to 600.9947) by adding section 4710.




     Sec. 4710. (1) Beginning February 1, 2014, each seizing agency


shall report on a monthly basis all of the following information to


the department of state police for all property seized by that


entity under this chapter:


     (a) The crime alleged to have been committed for which


forfeiture under this chapter is authorized.


     (b) The date the property was seized.


     (c) Whether the person charged with the crime was convicted of


that crime or was convicted of any other crime arising out of the


same criminal transaction.


     (d) A description of the property that was seized.


     (e) A description of any property that was forfeited.


     (f) Whether the forfeiture was subject to a plea or any other




     (g) Whether the property owner was represented by an attorney


in the forfeiture proceedings.


     (h) The value of the property seized and the means by which


that value was obtained.


     (i) The value of the property forfeited.


     (j) Whether the property was subject to a security interest or


ownership by any other person.


     (k) If a firearm was seized or forfeited, the make, model, and


serial number of that firearm.


     (l) The final disposition, including use by the seizing agency,


of all property seized and all property forfeited under this


chapter. The information reported under this subdivision shall


include all administrative and other expenses deducted from the


forfeiture proceedings and the net amount received from the




     (m) The date the property was disposed of.


     (n) Whether any property that was seized or forfeited under


this chapter was subsequently ordered to be returned to an owner.


     (o) Whether the forfeiture resulted from an adoptive seizure.


As used in this subdivision, "adoptive seizure" means that all of


the following apply:


     (i) The seizure resulted from a violation of state law and


there is a federal basis for the forfeiture action.


     (ii) All of the preseizure activity and related investigations


were performed by this state or the local seizing agency before a


request was made to the federal government for adoption.


     (iii) The seizure did not result from a joint investigation or


task force case.


     (p) Information regarding the expenditure of funds obtained in


all forfeiture actions, including the total amount of funds


expended in each of the following categories:


     (i) Crime, gang, and substance abuse prevention programs.


     (ii) Witness protection and victim reparation.


     (iii) Informant fees and buy money.


     (iv) Regular-time salaries, overtime pay, and employee benefits


of prosecuting attorneys and prosecuting personnel.


     (v) Regular-time salaries, overtime pay, and employee benefits


of law enforcement agency personnel other than prosecuting


attorneys and prosecuting personnel.


     (vi) Professional or outside services, including services


related to auditing, court reporting, expert witnesses, and other


court costs.


     (vii) Travel, meals, and entertainment.


     (viii) Training and attending conferences.


     (ix) All operating expenses, including purchasing supplies.


     (x) Purchasing vehicles.


     (xi) Purchasing canines, firearms, or equipment such as


tactical gear.


     (xii) All capital expenditures such as furniture, computers, or


office equipment.


     (xiii) All other use not described in subparagraphs (i) to (xii).


     (q) Any other information considered to be appropriate by the


department of state police.


     (2) A law enforcement agency shall file separate reports for


forfeitures under state and federal law.


     (3) A null report shall be filed by a law enforcement agency


that did not engage in seizures or forfeitures under state or


federal law during the reporting period.


     (4) The department of state police may charge a fee to law


enforcement agencies that engage in seizures or forfeitures during


the reporting period to cover the actual costs to the department


for implementing the requirements of this section. A law


enforcement agency may use forfeiture proceeds to pay the cost of


compiling and reporting data under this section, including any fee


imposed by the department of state police.


     (5) The department of state police may withhold the payment of


any law enforcement funds to a law enforcement agency that fails to


comply with the reporting requirements of this section until that


law enforcement agency complies with the reporting requirements of


this section.


     (6) The department of state police shall analyze and compile


the information reported to the department under subsection (1).


The department shall file an annual report of its findings under


this subsection with the secretary of the senate and with the clerk


of the house of representatives and shall place a copy of the


report on its departmental website. The report shall be filed not


later than February 1 of each year. The report shall identify any


seizing agencies that have failed to properly report the


information required under subsections (1), (2), and (3) with the


department of state police and whether any funds were withheld due


to that failure. The report shall also include the department's


recommendations for improvements to the forfeiture process to


ensure the appropriate and effective use of forfeiture proceedings


under this chapter, including recommendations to improve the


administration and fairness of forfeiture proceedings.