2014 House Bill 5233 / Public Act 333

Expand scope of criminal property seizure law

Introduced in the House

Jan. 22, 2014

Introduced by Rep. Klint Kesto (R-39)

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 Committee on Criminal Justice

March 19, 2014

Reported without amendment

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

March 27, 2014

Substitute offered

The substitute passed by voice vote

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

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

Amendment offered by Rep. Jeff Irwin (D-53)

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

Sept. 16, 2014

Amendment offered by Rep. Kurt Heise (R-20)

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

Passed in the House 93 to 13 (details)

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".

Received in the Senate

Sept. 17, 2014

Referred to the Committee on Families, Seniors, and Human Services

Oct. 1, 2014

Reported without amendment

With the recommendation that the bill pass.

Oct. 2, 2014

Passed in the Senate 37 to 1 (details)

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".

Received in the House

Oct. 2, 2014

Passed in the House 97 to 10 (details)

To concur with the Senate-passed version of the bill.

Signed by Gov. Rick Snyder

Oct. 15, 2014