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2015 House Bill 4505: Increase civil asset forfeiture burden of proof

Public Act 154 of 2015

Introduced by Rep. Peter Lucido (R) on April 22, 2015 To require a more rigorous “clear and convincing” burden of proof standard in the law that gives police agencies the power to take ownership of property that has been seized because it may be connected with an illegal drug crime, even if the property owner is not charged or convicted. Under current law property may be taken under the least rigorous "preponderance of the evidence" standard. Other bills in the package (House Bills 4499 to 4507) make the same change to other criminal statutes and require more disclosures by agencies.   Official Text and Analysis.
Referred to the House Judiciary Committee on April 22, 2015
Reported in the House on May 26, 2015 With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
Passed 103 to 6 in the House (see names) on June 4, 2015 (same description)
To require a more rigorous “clear and convincing” burden of proof standard in the law that gives police agencies the power to take ownership of property that has been seized because it may be connected with an illegal drug crime, even if the property owner is not charged or convicted. Under current law property may be taken under the least rigorous "preponderance of the evidence" standard. Other bills in the package (House Bills 4499 to 4507) make the same change to other criminal statutes and require more disclosures by agencies.
Received in the Senate on June 9, 2015
Referred to the Senate Judiciary Committee on June 9, 2015
Reported in the Senate on August 20, 2015 With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
Passed 38 to 0 in the Senate (see names) on October 7, 2015 (same description)
To require a more rigorous “clear and convincing” burden of proof standard in the law that gives police agencies the power to take ownership of property that has been seized because it may be connected with an illegal drug crime, even if the property owner is not charged or convicted. Under current law property may be taken under the least rigorous "preponderance of the evidence" standard. Other bills in the package (House Bills 4499 to 4507) make the same change to other criminal statutes and require more disclosures by agencies.
Received in the House on October 7, 2015
Passed 100 to 6 in the House (see names) on October 8, 2015
Signed by Gov. Rick Snyder on October 20, 2015

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