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Mackinac Center for Public Policy
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2014 House Bill 5233: Expand scope of criminal property seizure law
  1. Introduced by Rep. Klint Kesto (R) on January 22, 2014, to expand the reach of the state's criminal forfeiture law by making the property of an owner deemed "willfully blind" to illegal activity taking place on the premises subject to forfeiture. The bill would also allow the seizure of real or personal property that had been transferred to a new owner after the crime in some cases, let the government wait up to 56 days before giving notice that property is being seized (under current law this is seven days), and authorize forfeiture for home invasion, rape and other serious sex crimes. The state criminal forfeiture law allows the government to seize property used in a crime or acquired with the proceeds of a crime, with the net proceeds from its sale turned over to the agencies that are “substantially involved in effecting the forfeiture".
    • Referred to the House Criminal Justice Committee on January 22, 2014.
      • Reported in the House on March 19, 2014, with the recommendation that the substitute (H-1) be adopted and that the bill then pass.
    • Substitute offered in the House on March 27, 2014. The substitute passed by voice vote in the House on March 27, 2014.
    • Amendment offered by Rep. Tom McMillin (R) on March 27, 2014, to remove the provision allowing the government to wait up to 56 days before giving notice that property is being taken (under current law this is seven days). The amendment failed by voice vote in the House on March 27, 2014.
    • Amendment offered by Rep. Jeff Irwin (D) on March 27, 2014, to tie-bar the bill to House Bills 5234 and 5250, meaning this bill cannot become law unless those do also. HB 5234 would revise details of the state human trafficking law, and HB 5250 would require law enforcement agencies to file regular reports on criminal asset forfeitures including details on the crimes, whether any person was charged or convicted, the nature and disposition of the property and more. The amendment failed by voice vote in the House on March 27, 2014.
    • Amendment offered by Rep. Kurt Heise (R) on September 16, 2014, to revise the provision allowing the government to wait up to 56 days before giving notice that property is being taken, changing this to 28 days (under current law it's seven days). The amendment passed by voice vote in the House on September 16, 2014.
  2. Passed 93 to 13 in the House on September 16, 2014, to expand the reach of the state's criminal forfeiture law by making the property of an owner deemed "willfully blind" to illegal activity taking place on the premises subject to forfeiture. The bill would also allow the seizure of real or personal property that had been transferred to a new owner after the crime in some cases, let the government wait up to 28 days before giving notice that property is being seized (under current law this is seven days), and authorize forfeiture for home invasion, rape and other serious sex crimes. The state criminal forfeiture law allows the government to seize property used in a crime or acquired with the proceeds of a crime, with the net proceeds from its sale turned over to the agencies that are “substantially involved in effecting the forfeiture".
    Who Voted "Yes" and Who Voted "No"

  3. Received in the Senate on September 17, 2014.
    • Referred to the Senate Families, Seniors & Human Services Committee on September 17, 2014.
      • Reported in the Senate on October 1, 2014, with the recommendation that the bill pass.
  4. Passed 37 to 1 in the Senate on October 2, 2014, to expand the reach of the state's criminal forfeiture law by making the property of an owner deemed "willfully blind" to illegal activity taking place on the premises subject to forfeiture. The bill would also allow the seizure of real or personal property that had been transferred to a new owner after the crime in some cases, let the government wait up to 28 days before giving notice that property is being seized (under current law this is seven days), and authorize forfeiture for home invasion, rape and other serious sex crimes. The state criminal forfeiture law allows the government to seize property used in a crime or acquired with the proceeds of a crime, with the net proceeds from its sale turned over to the agencies that are “substantially involved in effecting the forfeiture".
    Who Voted "Yes" and Who Voted "No"

  5. Received in the House on October 2, 2014.
  6. Passed 97 to 10 in the House on October 2, 2014, to concur with the Senate-passed version of the bill.
    Who Voted "Yes" and Who Voted "No"

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