December 2, 2014, Introduced by Rep. Knezek and referred to the Committee on Local Government.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 4704 and 4706a (MCL 600.4704 and 600.4706a),
section 4704 as amended by 2006 PA 128 and section 4706a as added
by 1988 PA 104.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4704. (1) Within 7 days after personal property is seized
or a lien notice is filed against real property under section 4703,
the seizing agency or, if the property is real property, the
attorney general, the prosecuting attorney, or the city or township
attorney shall give notice of the seizure of the property and the
intent to forfeit and dispose of the property according to this
chapter to each of the following persons:
(a) If charges have been filed against a person for a crime,
the person charged.
(b) Each person with a known ownership interest in the
property.
(c) Each mortgagee, person holding a security interest, or
person having a lien that appears on the certificate of title or is
on file with the secretary of state or recorded with the
appropriate
register of deeds, if the property is real property ,
or a mobile home, motor vehicle, watercraft, or other personal
property.
(d) Each holder of a preferred ship mortgage of record in the
appropriate
public office pursuant to under
46 USC 30101, 31301-
31343,
31301 to 31343, if the property is a watercraft more than 28
feet long or a watercraft that has a capacity of 5 net tons or
more.
(e) Each person whose security interest is recorded with the
appropriate
public office pursuant to under
the federal aviation
act of 1958, Public Law 85-726, if the property is an aircraft,
aircraft engine, or aircraft propeller, or a part of an aircraft,
aircraft engine, or aircraft propeller.
(f) Each person with a known security interest in the
property.
(g) Each victim of the crime.
(2)
The notice required under subsection (1) shall must be
a
written notice delivered to the person or sent to the person by
certified mail. If the name and address of the person are not
reasonably ascertainable or delivery of the notice cannot
reasonably be accomplished, the notice shall be published, before
January 1, 2015, in a newspaper of general circulation in the
county in which the personal property was seized or the real
property is located for 10 successive publishing days or, after
December 31, 2014, in the manner provided under the Michigan court
rules for publication of notice as ordered by a court. Proof of
written
notice or publication shall be filed with the court having
that has jurisdiction over the seizure or forfeiture.
(3) If personal property was seized, the seizing agency shall
immediately notify the prosecuting attorney for the county in which
the property was seized or, if the attorney general is actively
handling a case involving or relating to the property, the attorney
general of the seizure of the property and the intent to forfeit
and dispose of the property according to this chapter.
(4)
An The seizing agency
shall give an attorney for a person
described
in subsection (1)(a) shall be afforded a period of 60
days within which to examine money seized under section 4703. This
60-day
period shall begin to run begins
after notice is given under
subsection
(1) but and before the money is deposited into with a
financial institution.
Sec. 4706a. (1) Within 7 days after personal property is
returned
to the owner , or a
lien filed against real property or a
motor
vehicle is discharged pursuant to under section 4706, the
seizing
agency , or, if
the property is real property, the attorney
general, the prosecuting attorney, or the city or township attorney
who gave notice of the seizure of the property and the intent to
forfeit
and dispose of the property pursuant to under section 4704,
shall
give notice to the persons who received notice pursuant to
under section 4704 that the property has been returned to the owner
or
that the lien has been discharged pursuant to under section
4706.
(2)
The notice required under subsection (1) shall be a
written
notice must be in writing and
delivered to the person or
sent to the person by certified mail. If the name and address of
the person are not reasonably ascertainable or delivery of the
notice
cannot reasonably be accomplished, the notice shall must be
published as follows:
(a) Before January 1, 2015, in a newspaper of general
circulation in the county in which the personal property was seized
or the real property is located for 10 successive publishing days.
(b) After December 31, 2014, in the manner provided under the
Michigan court rules for publication of notice as ordered by a
court.