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Mackinac Center for Public Policy
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2014 House Bill 5230: Expand government's power to seize and sell property deemed a "nuisance"
  1. Introduced by Rep. Phil Cavanagh (D) on January 22, 2014, to expand the power of government to seize and sell an owner’s property, so that it applies to the contents of a building deemed a "nuisance" because they are connected with unlawful gun violence or human trafficking. Under this power the property owner does not need to be charged or convicted of a crime, and most of the proceeds from the taking go to the law enforcement agencies involved.
    • Referred to the House Criminal Justice Committee on January 22, 2014.
      • Reported in the House on March 26, 2014, with the recommendation that the substitute (H-3) be adopted and that the bill then pass.
    • Amendment offered by Rep. Edward McBroom (R) on June 11, 2014, to tie-bar the bill to House Bill 5250, meaning this bill cannot become law unless that one does also. HB 5250 would require law enforcement agencies to file detailed monthly reports on number of criminal asset forfeiture proceedings concluded, pending or “negotiated". The amendment failed by voice vote in the House on June 11, 2014.
    • Amendment offered by Rep. Tom McMillin (R) on June 11, 2014, to prohibit a law enforcement agency from charging the owner or possessor seized property for the expenses involved unless a court has actually ordered the property to be sold. The amendment failed by voice vote in the House on June 11, 2014.
    • Amendment offered by Rep. Edward McBroom (R) on November 12, 2014, to clarify the definition of "controlled substance" in the bill, and strike out language defining and applying the law's provisions to a "dangerous building". The amendment passed by voice vote in the House on November 12, 2014.
  2. Passed 77 to 33 in the House on November 12, 2014.
    Who Voted "Yes" and Who Voted "No"

  3. Received in the Senate on November 13, 2014.
    • Referred to the Senate on November 13, 2014.
    • Amendment offered by Sen. Judy Emmons (R) on December 10, 2014, to require a defendant to be served a copy of the summons and complaint for the law's provisions to be imposed. The amendment passed by voice vote in the Senate on December 10, 2014.
  4. Passed 34 to 2 in the Senate on December 10, 2014, to expand the power of government to seize and sell an owner’s property, so that it applies to the contents of a building deemed a "nuisance" because they are connected with unlawful gun violence or human trafficking. Under this power the property owner does not need to be charged or convicted of a crime, and most of the proceeds from the taking go to the law enforcement agencies involved.
    Who Voted "Yes" and Who Voted "No"

  5. Received in the House on December 10, 2014.
  6. Passed 72 to 34 in the House on December 11, 2014.
    Who Voted "Yes" and Who Voted "No"

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