333.7523 Seizure under MCL 333.7522; forfeiture proceedings; procedure; property subject to section or to order and judgment of court; powers of seizing agency; determining title to forfeited real property; forfeiture of real property encumbered by bona fide security interest; examination of money.
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Sec. 7523.
(1) Subject to section 7521a, if property is seized under section 7522, forfeiture proceedings must be instituted promptly. If the property is seized without process under section 7522, and the total value of the property seized does not exceed $50,000.00, the following procedure must be used:
(a) The local unit of government that seized the property or, if the property was seized by this state, the state shall notify the owner of the property that the property has been seized and, if charges have been filed against a person for a crime, the person charged, and that the local unit of government or, if applicable, the state intends to forfeit and dispose of the property by delivering a written notice to the owner of the property or by sending the notice to the owner by certified mail. If the name and address of the owner are not reasonably ascertainable, or delivery of the notice cannot be reasonably accomplished, the notice must be published on the local unit of government’s or the department of the attorney general’s public website and in a newspaper of general circulation in the county in which the property was seized, for 10 successive publishing days.
(b) Unless all criminal proceedings involving or relating to the property have been completed, 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 intention to forfeit and dispose of the property.
(c) Any person claiming an interest in property that is the subject of a notice under subdivision (a) may, within 20 days after receipt of the notice or of the date of the first publication of the notice, file a written claim signed by the claimant with the local unit of government or the state expressing his or her interest in the property and any objection to forfeiture. A claim or an objection under this subsection must be written, verified, and signed by the claimant, and include a detailed description of the property and the property interest asserted. The verification must include a certification under the penalty of perjury stating that the undersigned has examined the claim and believes it to be, to the best of the claimant’s knowledge, true and complete. A written claim under this subsection must be made on the form developed by the state court administrative office as required under subsection (2). Upon the filing of the claim, the local unit of government or, if applicable, this state shall transmit the claim with a list and description of the property seized to the attorney general, the prosecuting attorney for the county, or the city or township attorney for the local unit of government in which the seizure was made. The attorney general, the prosecuting attorney, or the city or township attorney shall promptly institute forfeiture proceedings after the expiration of the 20-day period. However, unless all criminal proceedings involving or relating to the property have been completed, a city or township attorney shall not institute forfeiture proceedings without the consent of the prosecuting attorney or, if the attorney general is actively handling a case involving or relating to the property, the attorney general.
(d) If no claim is filed within the 20-day period as described in subdivision (c), the local unit of government or this state shall declare the property forfeited and shall dispose of the property as provided under section 7524. However, unless all criminal proceedings involving or relating to the property have been completed, the local unit of government or the state shall not dispose of the property under this subdivision without the written consent of the prosecuting attorney or, if the attorney general is actively handling a case involving or relating to the property, the attorney general.
(2) The state court administrative office shall develop and make available to law enforcement agencies, courts, and the public a form for asserting an ownership interest in seized property under subsection (1)(c). The form must require a claimant to provide a detailed description of the property, the claimant’s ownership interest in the property, and a signed attestation that the claimant has a bona fide ownership interest in the property.
(3) Property taken or detained under this article is not subject to an action to recover personal property, but is deemed to be in the custody of the seizing agency subject only to this section or an order and judgment of the court having jurisdiction over the forfeiture proceedings. When property is seized under this article, the seizing agency may do any of the following:
(a) Place the property under seal.
(b) Remove the property to a place designated by the court.
(c) Require the administrator to take custody of the property and remove it to an appropriate location for disposition in accordance with law.
(d) Deposit money seized under this article into an interest-bearing account in a financial institution. As used in this subdivision, “financial institution” means a state or nationally chartered bank or a state or federally chartered savings and loan association, savings bank, or credit union whose deposits are insured by an agency of the United States government and that maintains a principal office or branch office located in this state under the laws of this state or the United States.
(4) Title to real property forfeited under this article must be determined by a court of competent jurisdiction. A forfeiture of real property encumbered by a bona fide security interest is subject to the interest of the secured party who neither had knowledge of nor consented to the act or omission.
(5) An attorney for a person who is charged with a crime involving or related to the money seized under this article must be afforded a period of 60 days within which to examine that money. This 60-day period begins to run after notice is given under subsection (1)(a) but before the money is deposited into a financial institution under subsection (3)(d). If the attorney general, prosecuting attorney, or city or township attorney fails to sustain his or her burden of proof in forfeiture proceedings under this article, the court shall order the return of the money, including any interest earned on money deposited into a financial institution under subsection (3)(d).
History: 1978, Act 368, Eff. Sept. 30, 1978 ;– Am. 1982, Act 251, Imd. Eff. Sept. 29, 1982 ;– Am. 1985, Act 135, Imd. Eff. Sept. 30, 1985 ;– Am. 1988, Act 7, Imd. Eff. Feb. 8, 1988 ;– Am. 1990, Act 30, Eff. Mar. 28, 1991 ;– Am. 1990, Act 336, Eff. Apr. 1, 1991 ;– Am. 2006, Act 130, Imd. Eff. May 5, 2006 ;– Am. 2016, Act 418, Eff. Apr. 4, 2017 ;– Am. 2019, Act 9, Eff. Aug. 7, 2019
Popular Name: Act 368
PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978Part 75
ENFORCEMENT AND ADMINISTRATION
| Document | Type | Description |
| Section 333.7501 | Section | Arrest without warrant. |
| Section 333.7502 | Section | Powers of agents. |
| Section 333.7504 | Section | Administrative inspection warrants; issuance; execution; oath or affirmation showing probable cause; seizure of property; existence of probable cause; affidavit; contents of warrant. |
| Section 333.7505 | Section | Contents, execution, and return of warrant; copy of warrant and receipt for property seized; inventory of property taken; delivering copy of inventory; filing warrant with copy of return and papers returnable. |
| Section 333.7507 | Section | Administrative inspections of controlled premises. |
| Section 333.7511 | Section | Restraining or enjoining violation; trial by jury. |
| Section 333.7515 | Section | Cooperation with federal and other state agencies; relying and acting upon results, information, and evidence. |
| Section 333.7516 | Section | Name or identity of patient, research, or individual. |
| Section 333.7521 | Section | Property subject to forfeiture; burden of proof; “imitation controlled substance” defined. |
| Section 333.7521a | Section | Civil asset forfeiture; conditions, requirements, and limitations; applicability. |
| Section 333.7522 | Section | Property subject to forfeiture; seizure; process; seizure without process. |
| Section 333.7523 | Section | Seizure under MCL 333.7522; forfeiture proceedings; procedure; property subject to section or to order and judgment of court; powers of seizing agency; determining title to forfeited real property; forfeiture of real property encumbered by bona fide security interest; examination of money. |
| Section 333.7523a | Section | Stay of civil forfeiture during pending criminal proceedings; forfeiture hearing; burden of proof; return of property; applicability. |
| Section 333.7524 | Section | Disposition of forfeited property; donation of lights and scales for educational purposes; appointment, compensation, and authority of receiver to dispose of forfeited real property; expenses of forfeiture proceedings; court order. |
| Section 333.7524a | Section | Repealed. 2015, Act 148, Eff. Feb. 1, 2016. |
| Section 333.7524b | Section | Report by agency of seizure and forfeiture activities under uniform forfeiture reporting act. |
| Section 333.7525 | Section | Controlled substance as contraband; seizure and summary forfeiture; seizure and forfeiture of species of plants. |
| Section 333.7527 | Section | Destruction of controlled substance seized as evidence. |
| Section 333.7531 | Section | Burden of proof of exemption or exception; presumption as to license or order form; burden of rebutting presumption; liability not imposed for lawful performance of duties. |
| Section 333.7533 | Section | Judicial review. |
| Section 333.7541 | Section | Educational programs; powers of administrator. |
| Section 333.7543 | Section | Research and enforcement; duties of administrator. |
| Section 333.7544 | Section | Authorization to withhold names and other identifying characteristics of individuals who are subjects of research; authorization of persons engaged in research to possess and distribute controlled substances; exemption from prosecution. |
| Section 333.7545 | Section | Contracts for educational and research activities. |
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