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HOUSE BILL NO. 5930
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 4702 (MCL 600.4702), as amended by 2014 PA 333.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4702. (1) Except as otherwise provided in this section, 1
the following property is subject to seizure by, and forfeiture to, 2
a local unit of government or this state under this chapter: 3
(a) All personal property that is the proceeds of a crime, the 4
substituted proceeds of a crime, or an instrumentality of a crime. 5
(b) All real property that is the proceeds of a crime, the 6
substituted proceeds of a crime, or an instrumentality of a crime, 7
April 30, 2026, Introduced by Reps. Morgan, Farhat, Wegela, Rheingans, Longjohn, McFall and
Myers-Phillips and referred to Committee on Regulatory Reform.
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THS H06560'26_HB5930_INTR_1 fhovb8
except real property that is the primary residence of the spouse or 1
a dependent child of the owner, unless that spouse or dependent 2
child had prior knowledge of, and consented to the commission of, 3
the crime. 4
(c) In the case of a crime that is a violation of section 49, 5
chapter LXVIIA, or chapter LXXXIII-A of the Michigan penal code, 6
1931 PA 328, MCL 750.49, 750.462a to 750.462h, and 750.543a to 7
750.543z, all property described in subdivisions (a) and (b), and 8
all real property or personal property that performed 1 of the 9
following functions: 10
(i) Contributed directly and materially to the commission of 11
the crime. 12
(ii) Was used to conceal the crime. 13
(iii) Was used to escape from the scene of the crime. 14
(iv) Was used to conceal the identity of 1 or more of the 15
individuals who committed the crime. 16
(d) A single-family home acquired in violation of section 5 of 17
the homes are for people act. 18
(2) Property is not subject to seizure or forfeiture if either 19
of the following circumstances exists: 20
(a) The owner of the property did not have prior knowledge of, 21
or consent to the commission of, the crime, if the lack of prior 22
knowledge is not the result of the owner's willful blindness. 23
(b) Upon On learning of the commission of the crime, the owner 24
of the property served written and timely notice of the commission 25
of the crime upon on an appropriate law enforcement agency, and 26
served a written and timely notice to quit upon on the person who 27
committed the crime. 28
(3) The forfeiture of property encumbered by a security 29
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interest is subject to the interest of the holder of the security 1
interest who did not have prior knowledge of, or consent to the 2
commission of, the crime. 3
(4) The forfeiture of property encumbered by an unpaid balance 4
on a land contract is subject to the interest of the land contract 5
vendor, if the vendor did not have prior knowledge of, or consent 6
to the commission of, the crime. 7
(5) The forfeiture of the substituted proceeds of a crime is 8
limited to the value of the proceeds of the crime in addition to 9
both of the following: 10
(a) The amount by which any restitution or damages owed to the 11
victim of the crime exceeds the value of the proceeds of the crime. 12
(b) The amount by which any reasonable expenses of the 13
forfeiture proceedings and sale, including, but not limited to, 14
expenses for maintaining custody of the property, as well as 15
advertising and prosecution costs, exceeds the value of the 16
proceeds of the crime. 17
Enacting section 1. This amendatory act does not take effect 18
unless all of the following bills of the 103rd Legislature are 19
enacted into law: 20
(a) Senate Bill No. ____ (request no. S03324'25) or House Bill 21
No. 5928 (request no. H03324'25). 22
(b) Senate Bill No. ____ (request no. S03816'25) or House Bill 23
No. 5929 (request no. H03816'25). 24