HOUSE BILL No. 4158

 

 

February 2, 2017, Introduced by Rep. Lucido and referred to the Committee on Judiciary.

 

     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 this section,

 

property must not be seized under section 7522, nor be subject to

 

forfeiture under section 7521 or disposition under section 7524,

 

unless the person is convicted of a violation of this article.

 

     (2) Subsection (1) does not prohibit the immediate destruction

 

of property that cannot 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, 2018.

 

     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 90 days

 

after the date it is enacted into law.