House Bill 4349 Criminal Procedure; Forfeiture

[welj31]

http://www.legislature.mi.gov/(S(kh1albnzrkbmmkvq1jxdojer))/mileg.aspx?page=BillStatus&objectname=2011-HB-4349

 

HOUSE BILL No. 4349

 

 

March 1, 2011, Introduced by Reps. Heise and Walsh and referred to the Committee on Judiciary.

 

 

 

A bill to amend 1978 PA 368, entitled

 

 

 

"Public health code,"

 

 

 

by amending section 7524 (MCL 333.7524), as amended by 2006 PA 558.

 

 

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 

 

Sec. 7524. (1) When property is forfeited under this article,

 

 

 

the local unit of government that seized the property may do any of

 

 

 

the following, or if the property is seized by or in the custody of

 

 

 

the state, the state may do any of the following, subject to

 

 

 

section 7523(1)(d):

 

 

 

(a) Retain it for official use.

 

 

 

(b) Sell that which is not required to be destroyed by law and

 

 

 

which is not harmful to the public. The proceeds and any money,

 

 

 

negotiable instruments, securities, or any other thing of value as

 

 

 

described in section 7521(1)(f) that are forfeited pursuant to

 

 

 

 

 

under this article shall be deposited with the treasurer of the

 

 

 

entity having budgetary authority over the seizing agency and

 

 

 

applied as follows:

 

 

 

(i) For the payment of proper expenses of the proceedings for

 

 

 

forfeiture and sale, including expenses incurred during the seizure

 

 

 

process, maintenance of custody, advertising, and court costs,

 

 

 

except as otherwise provided in subsection (4).

 

 

 

(ii) The balance remaining after the payment of expenses shall

 

 

 

be distributed by the court having jurisdiction over the forfeiture

 

 

 

proceedings to the treasurer of the entity having budgetary

 

 

 

authority over the seizing agency. If more than 1 agency was

 

 

 

substantially involved in effecting the forfeiture, the court

 

 

 

having jurisdiction over the forfeiture proceeding shall equitably

 

 

 

distribute the money among the treasurers of the entities having

 

 

 

budgetary authority over the seizing agencies. A seizing agency may

 

 

 

direct that the funds or a portion of the funds it would otherwise

 

 

 

have received under this subsection be paid to nonprofit

 

 

 

organizations whose primary activity is to assist law enforcement

 

 

 

agencies with drug-related criminal investigations and obtaining

 

 

 

information for solving crimes. The money received by a seizing

 

 

 

agency under this subparagraph and all interest and other earnings

 

 

 

on money received by the seizing agency under this subparagraph

 

 

 

shall be used to enhance only for law enforcement efforts

 

 

 

pertaining to this article purposes, as appropriated by the entity

 

 

 

having budgetary authority over the seizing agency. A distribution

 

 

 

made under this subparagraph shall serve as a supplement to, and

 

 

 

not a replacement for, the funds budgeted on January 1, 1991, for

 

 

 

 

 

law enforcement efforts pertaining to this article.

 

 

 

© Require the administrator to take custody of the property

 

 

 

and remove it for disposition in accordance with law.

 

 

 

(d) Forward it to the bureau for disposition.

 

 

 

(2) Notwithstanding subsection (1), this state or local units

 

 

 

of government may donate lights for plant growth or scales

 

 

 

forfeited under this article to elementary or secondary schools or

 

 

 

institutions of higher education that request in writing to receive

 

 

 

those lights or scales pursuant to this subsection, for educational

 

 

 

purposes. This state or local units of government shall donate

 

 

 

lights and scales pursuant to under this subsection to elementary

 

 

 

or secondary schools or institutions of higher education in the

 

 

 

order in which the written requests are received. This state or

 

 

 

local units of government may limit the number of lights and scales

 

 

 

available to each requestor.

 

 

 

(3) In the course of selling real property pursuant to under

 

 

 

subsection (1)(b), the court that has entered an order of

 

 

 

forfeiture may, on motion of the agency to whom the property has

 

 

 

been forfeited, appoint a receiver to dispose of the real property

 

 

 

forfeited. The receiver shall be entitled to reasonable

 

 

 

compensation. The receiver shall have authority to do all of the

 

 

 

following:

 

 

 

(a) List the forfeited real property for sale.

 

 

 

(b) Make whatever arrangements are necessary for the

 

 

 

maintenance and preservation of the forfeited real property.

 

 

 

© Accept offers to purchase the forfeited real property.

 

 

 

(d) Execute instruments transferring title to the forfeited

 

 

 

 

 

real property.

 

 

 

(4) If a court enters an order of forfeiture, the court may

 

 

 

order a person who claimed an interest in the forfeited property

 

 

 

pursuant to under section 7523(1)© to pay the expenses of the

 

 

 

proceedings of forfeiture to the entity having budgetary authority

 

 

 

over the seizing agency.

[Guest 1TokeOverLine]

The link target has been removed. This act is the penalties for conviction of controlled substance felonies?

 

I'm missing the connection to the MMMA which provides protections against prosecution for a controlled substance that it sets aside for legally condoned (not legal) medical use. With no felony drug prosecution, no felony drug conviction, no felony drug forfeiture.

 

Am I missing something??

 

(Michigan is the only state that has no accountability for drug forfeiture property since 1978. ie; LEO doesn't have to tell anyone how they use it or how much, inviting massive corruption we see today.)

 

1T

[semicaregiver]

The concern to the mmj community is this bill gives everything seized to the local law enforcement agency. Before the majority went into a state fund, with this bill the local leo gets to keep it all. It is an incentive to raid you. Remember they get to keep your stuff if they raid you. They do not even have to charge you with a crime let alone convict you.

[wingnut]

That sure is a scary bill, we need to get a game plan NOW ! This is just going to be a incentive to cops take more :growl:

[Croppled1]

Here is a current State Link to it , hope this helps someone able to go to the next steps .

 

http://www.legislatu...me=2011-HB-4349

 

Sponsors bio's

 

John Walsh 19th district .

 

http://ballotpedia.o....php/John_Walsh

 

Kurt Heise 20th District

 

Remember this is a early draft what I would be interested in is why they feel this is necessary and what their actual perceived positive intent is ?

 

Be polite when contacting officials obviously many will just make it harder on all patients if their provoked . They already have forfeiture laws and Michigan is regarded as one of the worst unpoliced situations in the Country by Civil Rights groups . The only State worse I have seen is Florida but I do not get out much and am not up to date on many issues like those that interact in public more often and effectively . .

 

 

Summary found on intent :

 

http://www.legislatu...-HLA-4349-1.pdf

 

In the language I see in addition to the description that this could be utilized now as a means to fund general costs in departments while shadowing public perception behind anonymous drug task force operations who do not have to account for why forfeitures occur now except for suspicion of illegal activity . It does not address in anyway a certain reasonable evidence to show the property was gained from illegal activity monies or any reasonable measureing of such to balance of a level of activity vs cost of property seized . These are the problems that many people have believed need to be corrected within current forfeiture law on the State books .

 

Obviously to most it may seem unreasonable to take a persons home , cars , belongings because their child sold two marijuana cigarettes or take everything from a patient who is two cuttings over in a plant count . However it may be legal and we have seen similar cases where the defendant didn't even understand what was happening or what to do before the very short period to excersize ones right to fight against it was expired . Its only a period of days .

 

The new language further seems to put even more burdens on all costs being on the defendant of forfeiture to disprove a accusation without substantiated proof as well as does not address the expenses of unlimited appeals by local authorities leading to unlimited expense for those fighting for property improperly taken as was seen in recent news coverage in Michigan and substantiated by Officers arrests .

 

It surely ads salt to the wound of current victims of the forfeiture system and would create more incentive for abuses while addressing none of the shortcomings in the current law that have been exploited by officials in what is politely described as irresponsible behavior . In fact it may embolden those in the system tempting more criminal activity and corruption that has led many to believe there should be no forfeitures unless the Government feels strongly enough to impound the items then defend as to the justification in front of a jury if contested . Now they just take what they want and normal innocent citizens cannot reasonably afford to go through the process to gain back wrongly taken items due to costs and the difficulty of proving innocence even against unsubstantiated allegations .

 

The motives obviously here are not centered on a fair playing feild for all citizens currently afraid and or abused by our forfeiture law that needs to be modified here in Michigan . I think this should be discussed politely with the Representatives and they should be held accountable and questioned why . Similar with the recent passing in the State Senate of SB 99 patients have to wonder why their needs are not being understood and addressed . Quite often the rights that are being abused or violated are fundemental to the Constitution , to living by the Golden Rule , that all Citizens in Michigan should be concerned about . To have property taken without a trial that has reprocussions if items have been taken improperly or without justification is wrong . The forfieture law the way it is currently written gives to much protection to those who would commit crimes or abuses of power against those unable to defend against it .

 

This was my understanding after reading the information feel free to correct me or help me understand more .

[wingnut]

Think we can be there?

 

 

Committee Meeting

printable

 

 

 

 

Meetings by bodies of elected members delegated by the House or Senate to consider and make recommendations concerning disposition of bills, resolutions, and other related matters referred to them. Committees are appointed by the Speaker of the House or the Senate Majority Leader and are organized according to subject matter.

 

CommitteeJudiciary Clerk Phone Number

Location521 House Office Building, Lansing, MI DateThursday, 3/10/2011 Time10:30 AM AgendaHB 4013 (LeBlanc) Law enforcement; other; possession and operation of electrical devices designed to temporarily incapacitate persons; allow for reserve peace officers, auxiliary officers, and reserve officers.

 

HB 4349 (Heise) Criminal procedure; forfeiture; use of state forfeiture funds; expand to include use for any law enforcement purpose. ChairRepresentative John J. Walsh

[+Silverblue]

I was so upset I had to hang up before getting to talk on Michael's show, was afreid I'd cry on the air.

 

Sb

[Guest finallyfree09]

this is nothing more than a ploy to get local cops to raid everyone they can. if rick jones can say that having a club where people gather and consume mmj encourages people to drive while high, one could also say that this law encourages cops to go after every single person they can so they, or their dept, can get all the free stuff they want!

 

LAWS LIKE THIS ARE ONE OF THE BIGGEST REASONS WHY ALCOHOL PROHIBITION WAS ABANDONED!!! that and all the violence... hello uncle sam... mexico???

 

we all know that the cops can't stand our law. this right here is all they needed to make it worth their while to go after mmj consumers (i don't like being called a mmj user) to see if they are within all of their limits. one little tiny bit over and your a criminal. BAM! sec. 8 won't mean squat cuz they will have your stuff sold or handed out to the "good ol boys in blue" before you get the chance to fight. good ol boys my a**.

 

this really is just plain sickening.

[welj31]

This bill only go to promote armed robery.

Left un-checked every person in MI will be a target.

[Hempcheff]

wow, so they can just go to any house they want and take anything under the new rules? no crime needs to be committed? no proof needed, no due process, no right to ownership of any property in the state of michigan? im a little confused here.

 

they can now come into a house and just take whatever they want for no reason? This doersnt sound right.

 

Can we get a lawyer to explain to the community how it is legal for them to shop in whatever home they please?

[Guest 1TokeOverLine]

wow, so they can just go to any house they want and take anything under the new rules? no crime needs to be committed? no proof needed, no due process, no right to ownership of any property in the state of michigan? im a little confused here.

 

they can now come into a house and just take whatever they want for no reason? This doersnt sound right.

 

Can we get a lawyer to explain to the community how it is legal for them to shop in whatever home they please?

 

It's been that way since 1978. And the comment that most went to state funds is false, police get 80%. Been there, done that, the salt in the wound was the fine print about distribution of the forfeiture at the bottom of the notice.

 

MICHIGAN IS THE ONLY STATE THAT ALLOWS THIS!!!!!

 

1T

[MORE COWBELL]

private funding for a

 

 

public failed drug war/policy

 

 

when you pull funding for DEA budget they have to find that money elsewhere-potheads are easy targets

[+wolfgang]

as voters what can we do to stop this raping of the good ppl in Michigan?

[+Silverblue]

We have to write our reps and tell them that bill would be an incentive for leo to raid us. I swear we're living in a police state. NEVER could I have EVER dreamed I'd be living in such TYRANNY!

 

WE ARE NOT POTHEADS!

Sb

[MORE COWBELL]

no we are not potheads!

 

BUT

 

they think of us that way... and until that changes we are stuck on this TV channel it seems

[+Silverblue]

OK so I guess we just tell them that bill will only give them an incentive to raid us. Is that good enough to say? Is there anything else to say? I can't think today. They're just seeing dollar signs as usual.

 

Sb

[greenbuddha]

The underlying issue here is that 'anyone' that claims an 'interest or partial ownership' of the things confiscated in a bust will have to pay for any 'court cost' and 'legal fees' to 'claim' their property.

 

This 'bill' is aimed at MMJ 'organizations, co-ops, clubs or collectives' so that the members or co-owners that might come forward to get their equiptment back or claim their interest will have to go through the 'legal' hoops to get what they claim they are owed.

 

LEO is running into situations where there are more than 'one' person claiming and wanting their 'things' back.

 

And LEO wants to 'cover' their butts... simple as that.

 

And they ran the 'bill' through on top of some 'MDCH' legislation that they 'knew' would pass.

 

This is very likely the way much of the anti-MMJ legislation will be gotten through and passed.

 

I believe the pols call it 'piggy-backing'.

 

Cute term... don't cha think?

[Guest finallyfree09]

I AM NOT A POTHEAD!!! I prefer the term "Medical Marijuana Consumer."

[+Silverblue]

Then we better watch every bill we can. Those sneaky tyrants! This is UNBELIEVABLE! They'd NEVER get their way by being HONEST! It's NOT in their vocabulary, along with other words, like COMPASSION, RESPECT, INTEGRITY, etc!

 

Sb

[budpuffer]

i may have read this wrong but it seems to allow for the"maintenance of custody" which i think means they can charge you for holding your live plants if they have to keep them alive??just another f story...zzb

[bobandtorey]

they have already taken all we have i sure hope this does not pass and i hope Kingpinn does not loss it all inn his fight against Leo