2015 House Bill 4505 / Public Act 154

Increase civil asset forfeiture burden of proof

Introduced in the House

April 22, 2015

Introduced by Rep. Pete Lucido (R-36)

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.

Referred to the Committee on Judiciary

May 26, 2015

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

June 4, 2015

Passed in the House 103 to 6 (details)

Received in the Senate

June 9, 2015

Referred to the Committee on Judiciary

Aug. 20, 2015

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Oct. 7, 2015

Passed in the Senate 38 to 0 (details)

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

Oct. 7, 2015

Oct. 8, 2015

Passed in the House 100 to 6 (details)

Signed by Gov. Rick Snyder

Oct. 20, 2015