New law will require a conviction or a guilty plea before police can take personal property
After years of NFIB persistence, legislation that would make significant reforms to Michigan’s “Civil asset forfeiture laws” has been passed by the legislature and sent to Governor Whitmer. It is expected that the Governor will sign the bills.
Civil asset forfeiture laws allow the government to seize private property from a citizen or small business owner without ever charging them with a crime. Senate Bill 2, sponsored by Senator Pete Lucido, House Bill 4001 sponsored by Representative Jason Wentworth, and House Bill 4002, sponsored by David LaGrand will make further reforms to Michigan’s current process of civil asset forfeiture. NFIB backed bills have already established reporting provisions, raised the standard of proof for seizing assets, and eliminated a requirement for a cash bond before a person could contest the seizure of their property. These new bills will require a conviction or a guilty plea before police can take personal property less than $50,000 through civil asset forfeiture.
Reforming Michigan’s Civil asset forfeiture laws was one of the “to do” items on the NFIB’s Main Street Agenda for 2019.