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State Rep. Jason Wentworth, second from right, joins Gov. Gretchen Whitmer as she signs his civil asset forfeiture reform plan into law. Shown from left are Policy Advisor Aaron Van Langevelde, House Speaker Lee Chatfield, Lt. Gov. Garlin Gilchrist, Gov. Whitmer, Rep. Wentworth and Chief Legislative Advisor Joe Perry.

Wentworth: New law safeguards due process rights of all Michigan residents
RELEASE|May 9, 2019

Conviction will soon be required before civil asset forfeiture is initiated

State Rep. Jason Wentworth, second from right, joins Gov. Gretchen Whitmer as she signs his civil asset forfeiture reform plan into law. Shown from left are Policy Advisor Aaron Van Langevelde, House Speaker Lee Chatfield, Lt. Gov. Garlin Gilchrist, Gov. Whitmer, Rep. Wentworth and Chief Legislative Advisor Joe Perry.

A civil asset forfeiture reform plan spearheaded by state Rep. Jason Wentworth was signed into law today, strengthening the due process rights of all Michigan residents.

Prior to these reforms, Wentworth said law enforcement agencies throughout Michigan could take and keep property from individuals without ever charging them with a crime. The new law will require a criminal conviction before private property is seized from people through the civil asset forfeiture process.

“The rights of every single Michigan resident are stronger with this reform,” said Wentworth, R-Clare. “Innocent people will no longer be treated like criminals when it comes to civil asset forfeiture, and our law enforcement officers will still have the tools they need to continue doing a great job protecting the public.”

The new law continues to allow officers to seize property based on probable cause, but requires a criminal conviction before law enforcement agencies can sell or use the property. This will ensure an individual’s personal property can easily be returned if they are found not guilty.

In 2017, Michigan law enforcement agencies reported confiscating $13.1 million in cash and property through civil asset forfeiture. In more than 200 cases, people who were later found not guilty were forced to forfeit their property, never to have it returned. Charges were never even filed in a staggering 736 cases.

Wentworth sponsored the bipartisan solution alongside Rep. David LaGrand, D-Grand Rapids, and Sen. Peter Lucido, R-Shelby Township.

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