Conviction would be required before civil asset forfeiture is initiated

State Rep. Jason Wentworth, left, discusses his civil asset forfeiture reform plan during a press conference today on the House floor. He was joined, from left, by Rep. David LaGrand, Minority Leader Christine Greig and Attorney General Dana Nessel, as well as House Speaker Lee Chatfield (not pictured).

State Rep. Jason Wentworth today introduced a plan reforming Michigan’s civil asset forfeiture process to protect the due process rights of residents.

Wentworth, of Clare, said the current civil asset forfeiture process violates the civil liberties of Michigan residents by giving law enforcement agencies the authority to keep the property of individuals who haven’t even been charged with a crime.

“Our local law enforcement officers should be commended. They’re doing a great job,” Wentworth said. “But we must also take precautions to ensure innocent people aren’t treated like criminals when it comes to civil asset forfeiture. Requiring a conviction will protect the due process rights of Michigan citizens.”

Wentworth introduced the bipartisan solution alongside Rep. David LaGrand, D-Grand Rapids. The plan laid out in House Bills 4001-02 would require a criminal conviction before law enforcement agencies can take ownership of personal property using the civil asset forfeiture process.

“This solution is simple,” Wentworth said. “It allows 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 worth of 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. In a staggering 736 cases, charges were never even filed.

“Requiring a conviction is a common-sense reform that safeguards the civil liberties of innocent people while still giving our law enforcement officers the tools they need to crack down on convicted criminals,” Wentworth said.

The legislation has been referred to the House Judiciary Committee for consideration.

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