Bipartisan plan protects due process rights of residents

State Reps. Jason Wentworth, right, and David LaGrand speak in support of their civil asset forfeiture reform plan on Feb. 19 before the House Judiciary Committee.

A bipartisan solution to improve the civil asset forfeiture process and better protect the due process rights of all Michigan residents was overwhelmingly approved today by the Michigan House.

Reps. Jason Wentworth (R-Clare) and David LaGrand (D-Grand Rapids) sponsored the plan, which requires a criminal conviction before the government can take ownership of personal property through civil asset forfeiture.

“Everyone deserves their day in court before their personal property is taken away for good,” Wentworth said. “This simple and reasonable solution will safeguard the due process rights of innocent people across Michigan while still allowing our law enforcement officers to do their jobs and protect public safety.”

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.

Under the plan approved today, officers will be able to seize property based on probable cause, but a criminal conviction would be required before law enforcement agencies can sell or use the property. This will ensure property can be returned to an individual if they are found not guilty in the criminal system.

“It is vital that government respect the Constitutional right to due process and protect people from government seizure of private property,” LaGrand said. “I’ve been on both sides of litigation on asset forfeiture as an assistant prosecutor and a defense attorney. I’ve seen firsthand that many citizens facing asset forfeiture are confused and lack the resources to defend themselves. This bipartisan plan allows police to continue to go after large criminal organizations, while making sure innocent people have full access to justice.”

The plan is laid out in House Bills 4001-02, which now move to the Senate Judiciary and Public Safety Committee for consideration.

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