2019 Senate Bill 2 / Public Act 7

Require conviction for seized property forfeiture

Introduced in the Senate

Jan. 15, 2019

Introduced by Sen. Pete Lucido (R-8)

To establish that property seized from a person because it may be associated with a suspected drug-related crime is not subject to “civil asset forfeiture” unless the individual is actually convicted or accepts a plea bargain. This would not apply to police seizures of property worth $50,000 or more. The bill also authorizes a process allowing individuals who have lower value property seized to just give it up, and revises procedural details for reimbursement claims by a person with an ownership interest in the seized property (for example the issuer of a vehicle loan).

Referred to the Committee on Judiciary and Public Safety

Jan. 29, 2019

Reported without amendment

With the recommendation that the bill pass.

Feb. 13, 2019

Passed in the Senate 36 to 2

Received in the House

Feb. 13, 2019

Referred to the Committee on Judiciary

Feb. 26, 2019

Reported without amendment

Without amendment and with the recommendation that the bill pass.

April 23, 2019

Amendment offered by Rep. Julie Brixie (D-69)

To revise a detail regarding forfeiture actions where the owner or a person with an interest in the seized property withdraws their claims to it.

The amendment failed by voice vote

April 24, 2019

Passed in the House 107 to 3 (details)

To establish that property seized from a person because it may be associated with a crime is not subject to “civil asset forfeiture” unless the individual is actually convicted or accepts a plea bargain, subject various exceptions and conditions. (Exceptions include different procedures for persons with an ownership interest in the property who were not involved with the crime; cases where the offender has absconded to another state; and more.) This would not apply to police seizures of property worth $50,000 or more. See also House Bills 4001 and 4002.

Received in the Senate

April 25, 2019

Passed in the Senate 38 to 0 (details)

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

Signed by Gov. Gretchen Whitmer

May 9, 2019