January 23, 2014, Introduced by Reps. McMillin, Callton, Robinson, McBroom, Johnson, Santana, Geiss, Irwin and Kivela and referred to the Committee on Criminal Justice.
A bill to create the uniform forfeiture reporting act; to
require certain reports by reporting agencies regarding seized and
forfeited property; to prescribe the powers and duties of certain
local and state officials; to provide for certain fees and the
expenditure of those fees; to require certain audits; to require
certain reports by the department of state police; to provide for
the withholding of law enforcement funds under certain
circumstances; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"uniform forfeiture reporting act".
Sec. 2. (1) Beginning February 1, 2014, each reporting agency
shall report on a monthly basis all of the following information to
the department of state police for all property seized by or
forfeited to that reporting agency under sections 7521 to 7533 of
the public health code, 1978 PA 368, MCL 333.7521 to 333.7533,
chapter 38 of the revised judicature act of 1961, 1961 PA 236, MCL
600.3801 to 600.3840, and chapter 47 of the revised judicature act
of 1961, 1961 PA 236, MCL 600.4701 to 600.4710:
(a) The number of forfeiture proceedings that were instituted
in the circuit court by the reporting agency.
(b) The number of forfeiture proceedings instituted by the
reporting agency that were concluded in the circuit court.
(c) The number of all forfeiture proceedings instituted by the
reporting agency that were pending in the circuit court at the end
of the year.
(d) The number of forfeitures accomplished by the reporting
agency without filing a forfeiture proceeding in the circuit court.
(e) The violation alleged to have been committed for which
forfeiture is authorized.
(f) The date the property was seized.
(g) Whether any person was charged with the violation for
which forfeiture is authorized and whether he or she was convicted
of that violation or was convicted of any other violation arising
out of the same transaction.
(h) A description of the property that was seized.
(i) A description of any property that was forfeited.
(j) Whether the forfeiture was subject to a plea or any other
agreement.
(k) Whether the property owner was represented by an attorney
in the forfeiture proceedings.
(l) The value of the property seized and the means by which
that value was obtained.
(m) The value of the property forfeited.
(n) Whether the property was subject to a security interest or
ownership by any other person.
(o) If a firearm was seized or forfeited, the make, model, and
serial number of that firearm.
(p) The final disposition, including use by this state or by
that local unit of government, of all property seized and all
property forfeited. The information reported under this subdivision
shall include all administrative and other expenses deducted from
the forfeiture proceedings and the net amount received from the
forfeiture.
(q) The date the property was disposed of.
(r) Whether any property that was seized or forfeited was
subsequently ordered to be returned to an owner.
(s) Whether the forfeiture resulted from an adoptive seizure.
As used in this subdivision, "adoptive seizure" means that all of
the following apply:
(i) The seizure resulted from a violation of state law and
there is a federal basis for the forfeiture action.
(ii) All of the preseizure activity and related investigations
were performed by this state or the local reporting agency before a
request was made to the federal government for adoption.
(iii) The seizure did not result from a joint investigation or
task force case.
(t) Information regarding the expenditure of funds obtained in
all forfeiture actions under this chapter, including the total
amount of funds expended in each of the following categories:
(i) Crime, gang, and substance abuse prevention programs.
(ii) Witness protection and victim reparation.
(iii) Informant fees and buy money.
(iv) Regular-time salaries, overtime pay, and employee benefits
of prosecuting attorneys and prosecuting personnel.
(v) Regular-time salaries, overtime pay, and employee benefits
of law enforcement agency personnel other than prosecuting
attorneys and prosecuting personnel.
(vi) Professional or outside services, including services
related to auditing, court reporting, expert witnesses, and other
court costs.
(vii) Travel, meals, and entertainment.
(viii) Training and attending conferences.
(ix) All operating expenses, including purchasing supplies.
(x) Purchasing vehicles.
(xi) Purchasing canines, firearms, or equipment such as
tactical gear.
(xii) All capital expenditures such as furniture, computers, or
office equipment.
(xiii) All other use not described in subparagraphs (i) to (xii).
(u) Any other information considered to be appropriate by the
department of state police.
(2) Subsection (1) applies to property seized by or forfeited
to a reporting agency on or after the effective date of this act
and to all forfeiture proceedings pending on the effective date of
this act.
Sec. 3. (1) A reporting agency shall file separate reports
under this act for forfeitures under state and federal law.
(2) A null report shall be filed under this act by a reporting
agency that did not engage in any seizures or forfeitures during
the reporting period.
Sec. 4. The department of state police may charge a fee to
reporting agencies that engage in seizures or forfeitures required
to be reported under this act during the reporting period to cover
the actual costs to the department for implementing the
requirements of this act. A reporting agency may use forfeiture
proceeds to pay the cost of compiling and reporting data under this
act, including any fee imposed by the department of state police.
Sec. 5. (1) The records of a reporting agency regarding the
seizure and forfeiture of any property that is required to be
reported under this act shall be audited in accordance with 1 of
the following, as applicable:
(a) 1919 PA 71, MCL 21.41 to 21.55.
(b) The uniform budgeting and accounting act, 1968 PA 2, MCL
141.421 to 141.440a.
(2) The records of a reporting agency regarding the seizure
and forfeiture of any property required to be reported under this
act may be audited by an auditor of the local unit of government.
Sec. 6. The department of state police may withhold the
payment of any law enforcement funds to a reporting agency that
fails to comply with the reporting requirements of this act until
that reporting agency complies with the reporting requirements of
this act.
Sec. 7. The department of state police shall analyze and
compile the information reported to the department under sections 2
and 3. The department shall file an annual report of its findings
under this section with the secretary of the senate and with the
clerk of the house of representatives and shall place a copy of the
report on its departmental website. The report shall be filed not
later than February 1 of each year. The report shall identify any
state departments or agencies or local units of government that
have failed to properly report the information required under
sections 2 and 3 with the department of state police and whether
any funds were withheld due to that failure. The report shall also
include the department's recommendations for improvements to the
forfeiture process to ensure the appropriate and effective use of
forfeiture proceedings, including recommendations to improve the
administration and fairness of forfeiture proceedings.
Sec. 8. As used in this act:
(a) "Local unit of government" means a village, city,
township, or county.
(b) "Reporting agency" means 1 of the following:
(i) If property is seized by or forfeited to a local unit of
government, that local unit of government.
(ii) If property is seized by or forfeited to this state, the
state department or agency effectuating the seizure or forfeiture.
Enacting section 1. Section 7524a of the public health code,
1978 PA 368, MCL 333.7524a, is repealed.
Enacting section 2. This act does not take effect unless all
of the following bills of the 97th Legislature are enacted into
law:
(a) House Bill No. 5081.
(b) Senate Bill No. ____ or House Bill No. 5252 (request no.
02198'13 a *).
(c) Senate Bill No. ____ or House Bill No. 5251 (request no.
04238'13 *).