September 17, 2013, Introduced by Senators ANDERSON, HOPGOOD, ANANICH, JONES, BIEDA, JOHNSON, WHITMER, HUNTER, GREGORY and YOUNG and referred to the Committee on Families, Seniors and Human Services.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 4708 (MCL 600.4708), as amended by 2006 PA 128.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4708. (1) When property is forfeited under this chapter,
the unit of government that seized or filed a lien against the
property may sell the property that is not required to be destroyed
by law and that is not harmful to the public and may dispose of the
proceeds and any money, including any interest earned on money
deposited in a financial institution as described in section
4703(6), negotiable instrument, security, or other thing of value
that is forfeited pursuant to this chapter in the following order
of priority:
(a) Pay any outstanding security interest of a secured party
who did not have prior knowledge of, or consent to the commission
of, the crime.
(b) Satisfy any order of restitution in the prosecution for
the crime.
(c) Pay the claim of each person who shows that he or she is a
victim of the crime to the extent that the claim is not covered by
an order of restitution.
(d) Pay any outstanding lien against the property that has
been imposed by a governmental unit.
(e) Pay the proper expenses of the proceedings for forfeiture
and sale, including, but not limited to, expenses incurred during
the seizure process and expenses for maintaining custody of the
property, advertising, and court costs.
(f) The balance remaining after the payment of restitution,
the claims of victims, outstanding liens, and expenses shall be
distributed by the court having jurisdiction over the forfeiture
proceedings to the unit or units of government substantially
involved
in effecting the forfeiture . Seventy-five percent as
follows:
(i) Subject to subparagraph (ii), 75% of the money received by a
unit of government under this subdivision shall be used to enhance
enforcement of the criminal laws and 25% of the money shall be used
to implement the William Van Regenmorter crime victim's rights act,
1985 PA 87, MCL 780.751 to 780.834.
(ii) If the property was forfeited for a violation of chapter
LXVIIA of the Michigan penal code, 1931 PA 328, MCL 750.462a to
750.462j (human trafficking), 50% of the money received by a unit
of government under this subdivision shall be forwarded to the
state treasurer for deposit in the human trafficking prevention
fund created in the human trafficking and reporting act for use only
as provided in that act, 25% of the money received by a local unit
of government under this subdivision shall be forwarded to the
crime victim's rights fund created in section 4 of 1989 PA 196, MCL
780.904, and 25% of the money received by a unit of government
under this subdivision shall be used to enhance enforcement of
chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL
750.462a to 750.462j (human trafficking).
(2) A unit of government receiving money under this
subdivision
subsection (1)(f)(i) shall
report annually to the
department of technology, management, and budget the amount of
money
received under this subdivision that
subparagraph that was
used to enhance enforcement of the criminal laws and the amount
that was used to implement the William Van Regenmorter crime
victim's rights act, 1985 PA 87, MCL 780.751 to 780.834. A unit of
government receiving money under subsection (1)(f)(ii) shall report
annually to the department of technology, management, and budget
the amount of money received under that subparagraph that was
forwarded to the state treasurer for deposit in the human
trafficking prevention fund and the amount that was used to enhance
enforcement of chapter LXVIIA of the Michigan penal code, 1931 PA
328, MCL 750.462a to 750.462j (human trafficking).
(3) (2)
In the course of selling real
property pursuant to
under subsection (1), the court that enters an order of forfeiture,
on motion of the unit of government to whom the property is
forfeited, may appoint a receiver to dispose of the real property
forfeited. The receiver is entitled to reasonable compensation. The
receiver has authority to do all of the following:
(a) List the forfeited real property for sale.
(b) Make whatever arrangements are necessary for the
maintenance and preservation of the forfeited real property.
(c) Accept offers to purchase the forfeited real property.
(d) Execute instruments transferring title to the forfeited
real property.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 499
of the 97th Legislature is enacted into law.