2023 House Bill 5383

AI Analysis – Experimental

House Bill No. 5383 would amend the Revised Judicature Act of 1961, specifically section 4708, as previously amended by 2014 PA 333. This bill outlines the process and priorities for the disposal of proceeds from the sale of forfeited property, ensuring that after covering any outstanding security interests, orders of restitution, victim claims, governmental liens, and expenses related to the forfeiture proceedings, the remaining funds are distributed to the involved government unit. Of these funds, seventy-five percent must support criminal law enforcement efforts, with a potential allocation for the prosecuting attorney, and twenty-five percent towards the William Van Regenmorter Crime Victim's Rights Act. The bill also introduces provisions for the appointment of a receiver to manage the sale of forfeited real property, including its listing, maintenance, and the transfer of title. Additionally, it addresses scenarios where forfeited property cannot be located, has been sold, placed beyond jurisdiction, diminished in value, or commingled, allowing for the forfeiture of other reachable property of the convicted owner up to the value of the unreachable property.