February 9, 2006, Introduced by Reps. Leland, Accavitti, Tobocman, Lipsey, Condino, Adamini, Hunter, McConico, Virgil Smith, Meisner and Alma Smith and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 4706 and 8733 (MCL 600.4706 and 600.8733),
section 4706 as added by 1988 PA 104 and section 8733 as amended by
2003 PA 95, and by adding section 2975.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2975. A motor vehicle seized by the state or a local unit
of government that is subject to forfeiture under a law of this
state or an ordinance of a local unit of government shall be
returned to the owner within 7 days and any forfeiture fees or fees
for impounding the vehicle shall be waived, if 1 of the following
occurs:
(a) The owner is arrested or detained because of circumstances
related to the seizure of the motor vehicle and is released without
being charged with a crime, civil infraction, or civil violation.
(b) If the owner is charged with committing a crime because of
circumstances related to the seizure of the motor vehicle, the
owner is acquitted of the crime.
(c) If the owner is charged with committing a civil infraction
or civil violation because of circumstances related to the seizure
of the motor vehicle, the owner is found to be not responsible for
the civil infraction or civil violation.
Sec. 4706. (1) Except as otherwise provided by law, personal
property
seized pursuant to under section 4703 shall be returned
to the owner, or a lien filed against real property under section
4703 or against a motor vehicle under section 4705, shall be
discharged
, within 7 days after the occurrence of any of the
following:
(a) A warrant is not issued against a person for the
commission of a crime within 7 days after the property is seized
or, if the property is real property, within 7 days after the lien
is filed.
(b) All charges against the consenting legal owner relating to
the commission of a crime are dismissed.
(c) The consenting legal owner charged with committing a crime
is acquitted of the crime.
(d) In the case of multiple defendants, all persons charged
with committing a crime are acquitted of the crime.
(e)
Entry of a court order pursuant to under this chapter
for the return of the property or the discharge of the lien.
(2) Section 2975 also applies to a motor vehicle that has been
seized under this chapter.
Sec. 8733. (1) An authorized local official may seize and
impound a vehicle operated in the commission of a trailway
municipal civil infraction. Upon impoundment, the vehicle is
subject to a lien, subordinate to a prior lien of record, in the
amount of any fine, costs, or assessment that the defendant may be
ordered to pay under section 8727 and any expenses described in
subsection (2) that the defendant may be ordered to pay under
section 8727. The defendant or a person with an ownership interest
in the vehicle may post with the court a cash or surety bond in the
amount of $750.00. If such a bond is posted, the vehicle shall be
released from impoundment. The vehicle shall also be released, and
the
lien shall be discharged, upon a judicial determination that
the
defendant is not responsible for the trailway municipal civil
infraction
if required by section 2975
or upon payment of the
fine, costs, assessment, and damages and expenses.
(2) In a trailway municipal civil infraction action, an order
under section 8727 may require the defendant to pay 1 or both of
the following:
(a) The amount of damages to any land, water, wildlife,
vegetation, or other natural resource or to any facility damaged by
the violation of the ordinance. Money collected under this
subdivision shall be distributed to the governmental entity that
has jurisdiction over the recreational trailway.
(b) The reasonable expense of impoundment under subsection
(1). Money collected under this subdivision shall be distributed to
the governmental entity employing the authorized local official who
impounded the vehicle involved in the trailway municipal civil
infraction.
(3) If the court determines that the defendant is responsible
for the trailway municipal civil infraction and the defendant
defaults in the payment of the fine, costs, assessment, or damages
or expenses, or in any installment, as ordered pursuant to section
8727, any bond posted under subsection (1) shall be forfeited and
applied to the fine, costs, assessment, damages, expenses, or
installment. The court shall certify any remaining unpaid amount to
the attorney for the governmental entity whose ordinance was
violated. The attorney for the governmental entity may enforce the
lien by a foreclosure sale. The foreclosure sale shall be conducted
in the manner provided and subject to the same rights as apply in
the case of execution sales under sections 6031, 6032, 6041, 6042,
and 6044 to 6047.
(4) Not less than 21 days before the foreclosure sale, the
attorney for the governmental entity whose ordinance was violated
shall by certified mail send written notice of the time and place
of the foreclosure sale to each person with a known ownership
interest in or lien of record on the vehicle. In addition, not less
than 10 days before the foreclosure sale, the attorney shall twice
publish notice of the time and place of the foreclosure sale in a
newspaper of general circulation in the county in which the vehicle
was seized. The proceeds of the foreclosure sale shall be
distributed in the following order of priority:
(a) To discharge any lien on the vehicle that was recorded
prior to the creation of the lien under subsection (1).
(b) To the clerk of the court for the payment of the fine,
costs, assessment, damages, and expenses that the defendant was
ordered to pay under section 8727.
(c) To discharge any lien on the vehicle that was recorded
after the creation of the lien under subsection (1).
(d) To the owner of the vehicle.