2023 House Bill 5382

Criminal procedure: forfeiture; disposal of funds from seized vehicles; clarify.

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 625n (MCL 257.625n), as amended by 2010 PA 155.

AI Analysis – Experimental

House Bill No. 5382 would amend the 1949 Michigan Vehicle Code, specifically section 625n, focusing on the forfeiture or return of vehicles involved in certain offenses. Assigned to the Committee on Judiciary, the bill outlines the conditions for seizing a defendant's vehicle, safeguards for security interest holders, and the procedures for forfeiture or return by prosecuting attorneys. It considers the defendant's driving history, including multiple convictions or license suspensions, as criteria for forfeiture, details the distribution of proceeds from the sale of forfeited vehicles, and specifies the allocation of these funds towards enforcing criminal laws and supporting the William Van Regenmorter crime victim's rights act. The bill also addresses the rights of co-lessees, the enforcement of liability orders as civil judgments, maintains the lessor's rights and the defendant's lease obligations, and criminalizes efforts to avoid vehicle forfeiture or return, with penalties of up to one year in prison, a fine of up to $1,000, or both. Additionally, it clarifies that non-compliance with time limits by the court or prosecutor does not prevent vehicle forfeiture or return unless substantial prejudice to the owner or claimant is demonstrated, and allows prosecuting attorneys to pursue forfeiture under other state laws or corresponding local ordinances.