June 2, 2005, Introduced by Reps. Ball, Jones and Schuitmaker and referred to the Committee on Judiciary.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
(MCL 257.1 to 257.923) by adding section 233c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 233c. (1) If an arrest warrant has been issued against a
person for committing a crime or a person is charged with
committing a crime and a motor vehicle owned in whole or in part by
that person has been impounded for investigative or other law
enforcement purposes relating to that crime, the prosecuting
attorney in that criminal case may file a notice with the secretary
of state on a form prescribed by the secretary of state stating
that the motor vehicle has been impounded. The prosecuting attorney
shall promptly serve a copy of the completed form on the individual
and to each owner and lienholder of the motor vehicle as shown by
the records of the secretary of state in the same manner as
provided by the rules of court for service of process.
(2) If the secretary of state receives a proper notice under
subsection (1), the secretary of state shall not transfer title of
that motor vehicle to any person, except as follows:
(a) Written notification is received from the prosecuting
attorney stating that the individual is no longer subject to an
arrest warrant for committing the crime, all charges relating to
the crime have been dismissed, or the individual has been acquitted
of those charges. The prosecuting attorney shall promptly notify
the secretary of state under this subdivision if the individual is
no longer subject to an arrest warrant for committing the crime,
all charges relating to the crime have been dismissed, or the
individual is acquitted of the charges. The prosecuting attorney
shall promptly provide a copy of the notice to each individual
served with notice under subsection (1).
(b) The individual requesting the transfer presents proof
satisfactory to the secretary of state that the individual is no
longer subject to an arrest warrant for committing the crime, all
charges relating to the crime have been dismissed, or the
individual charged with the crime has been acquitted of those
charges.
(c) Written notice is received from the prosecuting attorney
authorizing transfer of the motor vehicle to another person. If
the notice under this subdivision specifies the person to whom
transfer is authorized, the secretary of state shall not transfer
title to any other person except as otherwise provided in this
section.
(d) Transfer of the motor vehicle is ordered by the court in
which the criminal case is filed or, unless the court is to be used
as evidence in the criminal case, by a court having other proper
jurisdiction to order disposition of the vehicle.
(3) An individual who receives notice under subsection (1) may
petition the court in which the criminal case is filed to allow
transfer of the title of the motor vehicle notwithstanding the
notice provided under subsection (1). However, the court shall not
order transfer of the motor vehicle based upon a petition filed
under this subsection if the court determines that either of the
following applies:
(a) The motor vehicle is to be used as evidence in the
criminal case or transfer of the motor vehicle may hinder
legitimate law enforcement efforts relating to that case.
(b) Transfer of the motor vehicle may hinder the recovery of
any restitution, costs, or assessments arising from the criminal
case.
(4) If the court authorizes transfer of the motor vehicle
under subsection (3), the court shall promptly provide a copy of
the order to the secretary of state, the prosecuting attorney, and
each person who received notice under subsection (1).