2014 House Bill 5230 / Public Act 387

Expand government's power to seize and sell property deemed a "nuisance"

Introduced in the House

Jan. 22, 2014

Introduced by Rep. Phil Cavanagh (D-10)

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 Committee on Criminal Justice

March 26, 2014

Reported without amendment

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

June 11, 2014

Amendment offered by Rep. Ed McBroom (R-108)

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

Amendment offered by Rep. Tom McMillin (R-45)

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

Nov. 12, 2014

Amendment offered by Rep. Ed McBroom (R-108)

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

Passed in the House 77 to 33 (details)

Received in the Senate

Nov. 13, 2014

Referred to the Committee of the Whole

Dec. 10, 2014

Amendment offered by Sen. Judy Emmons (R-33)

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

Passed in the Senate 34 to 2 (details)

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.

Received in the House

Dec. 10, 2014

Dec. 11, 2014

Passed in the House 72 to 34 (details)

Signed by Gov. Rick Snyder

Dec. 18, 2014