January 8, 2014, Introduced by Reps. Irwin, McMillin, Santana, Robinson, Banks, Switalski and Kandrevas and referred to the Committee on Criminal Justice.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding sections 7521a and 7521b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7521a. (1) Except as otherwise provided in subsection
(2), property may be seized as provided in section 7522 for a
violation of this article, but is not subject to forfeiture under
section 7521 or disposition under section 7524 unless 1 of the
following applies:
(a) The person is convicted of a violation of this article.
(b) The person fails to claim any interest in the property
under section 7523.
(2) Subsection (1) does not prohibit the immediate destruction
of property that may not be lawfully possessed by any person or
that is dangerous to the health or safety of the public regardless
of whether the person is convicted of a violation of this article.
(3) This section applies to forfeiture proceedings that are
pending on, or initiated on or after, January 1, 2014.
Sec. 7521b. Any public officer of this state or of a local
unit government who negotiates for forfeiture in violation of this
section, or who authorizes or participates in that negotiation, is
guilty of misfeasance in office.
Enacting section 1. This amendatory act takes effect January
1, 2014.