SB-0002, As Passed House, April 24, 2019




























     A bill to amend 1978 PA 368, entitled


"Public health code,"


(MCL 333.1101 to 333.25211) by adding section 7521a.




     Sec. 7521a. (1) Except as otherwise provided in this section,


property may be seized as provided in section 7522 for a violation


of this article, but is not subject to forfeiture under section


7521 or disposition under section 7524 unless a criminal proceeding


involving or relating to the property has been completed and the


defendant pleads guilty to or is convicted of a violation of this




     (2) A criminal conviction or guilty plea under subsection (1)


is not required if 1 or more of the following apply:


     (a) No person claims any interest in the property as provided

under section 7523 or the owner of the property withdraws his or


her claim in the property.


     (b) The owner of the property waives the criminal conviction


or plea requirement under subsection (1) and elects to proceed with


the civil forfeiture proceeding.


     (c) A criminal charge has been filed and 1 or both of the


following apply:


     (i) The defendant is outside this state and cannot reasonably


be extradited or brought back to the state for prosecution.


     (ii) Reasonable efforts have been made by law enforcement


authorities to locate and arrest the defendant, but the defendant


has not been located.


     (3) If a person withdraws his or her claim under subsection


(2)(a), the prosecuting attorney for the county in which the


property was seized or, if the attorney general is actively


handling a case involving or related to the property, the attorney


general, must review the seizure of the property and approve the


forfeiture of the property before the property may be forfeited.


     (4) Subsection (1) does not prohibit the immediate destruction


of property that may not be lawfully possessed by any person or


that is dangerous to the health or safety of the public regardless


of whether the person is convicted of a violation of this article.


     (5) This section applies to forfeiture proceedings that are


initiated on or after the effective date of this amendatory act.


     (6) This section does not apply to forfeiture proceedings in


which the aggregate fair market value of the property and currency


seized exceeds $50,000.00, excluding the value of contraband.

     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 all of the following bills of the 100th Legislature are


enacted into law:


     (a) House Bill No. 4001.


     (b) House Bill No. 4002.