The
House Judiciary Committee this week took a big step in changing Michigan’s
controversial asset forfeiture law by holding its first hearing on legislation
designed to bring transparency and accountability to the state's civil asset
forfeiture laws.
The main
bill in the package, HB 4504 would create a new act requiring
annual reports to the Department of State Police from individual agencies
regarding forfeited property. The other four bills in the package simply amend
various statutes to reflect the transparency change and reporting requirements.
The
reports required under this new act would include the number of forfeiture
proceedings instituted in circuit court by the reporting agency; the number of
forfeitures by the agency without a proceeding in circuit court; and the number
of forfeiture proceedings subject to a plea or other agreement involving the
property owner and agency.
Although
the State Police believe the current asset forfeiture process is a bit
antiquated, they have not taken a position on this package. If passed, the legislation would require an
inventory of the property, the net proceeds of the property forfeited, and a
statement as to how the monies from the forfeiture will be used.