Criminal procedure: forfeiture; mineral rights acquired by certain foreign entities; make subject to forfeiture procedures. Amends sec. 4701 of 1961 PA 236 (MCL 600.4701). TIE BAR WITH: HB 4275'25
Impact
The primary impact of HB4274 is to tighten the legal framework around the forfeiture of property linked to a variety of criminal violations, including those listed under Michigan's environmental protection acts and Medicaid fraud legislation. This amendment aims to ensure that when foreign entities are involved, particularly in acquiring mineral rights or conducting operations that may endanger state interests, there are robust legal means to address violations swiftly and effectively. Such measures could potentially increase state revenue through the recovery of forfeited assets and lay down a clearer path for legal action against unlawful activities.
Summary
House Bill 4274, known as the amendment to the Revised Judicature Act of 1961, focuses on updating forfeiture procedures specifically related to mineral rights held by foreign entities. This bill seeks to formalize definitions of crimes related to environmental protection and Medicaid fraud, expanding the scope of property that can be forfeited following criminal activities. By clarifying what constitutes a forfeitable offense, the intent is to enhance enforcement against those who violate state laws concerning natural resources and other aspects of the law.
Contention
Notably, while the bill garners support for its potential to combat illegal practices, there could be contention regarding the implications for foreign investments in Michigan's mineral rights. Concerns may arise about how stringent forfeiture laws could deter beneficial economic relationships. Supporters argue that safeguarding Michigan’s resources justifies these measures, while opponents could view them as restrictive to legitimate foreign interests and a potential source of economic conflict.
Crimes: animals; forfeiture of animal victims of cruelty and fighting; modify. Amends secs. 49, 50 & 50b of 1931 PA 328 (MCL 750.49 et seq.). TIE BAR WITH: HB 5876'24, HB 5877'24
Criminal procedure: evidence; consideration of videorecorded statements in certain proceedings; allow. Amends sec. 2163a of 1961 PA 236 (MCL 600.2163a).
Criminal procedure: expunction; reference to crime of partial birth abortion; remove to reflect repeal. Amends sec. 1 of 1965 PA 213 (MCL 780.621). TIE BAR WITH: HB 4949'23
Criminal procedure: sentencing; code of criminal procedure; eliminate reference to disciplinary time. Amends secs. 12 & 31, ch. IX & sec. 17f, ch. XVII of 1927 PA 175 (MCL 769.12 et seq.). TIE BAR WITH: HB 4470'23
Criminal procedure: expunction; procedures and eligibility for the expungement of certain records; provide for. Amends secs. 1b, 1c, 1d, 2 & 3 of 1965 PA 213 (MCL 780.621b et seq.); adds sec. 1j & repeals sec. 4 of 1965 PA 213 (MCL 780.624).
Criminal procedure: expunction; procedures and eligibility for the expungement of certain records; provide for. Amends secs. 1b, 1c, 1d, 2 & 3 of 1965 PA 213 (MCL 780.621b et seq.); adds sec. 1j & repeals sec. 4 of 1965 PA 213 (MCL 780.624).
Administrative procedure: other; administrative procedures act of 1969; amend to reflect amendments to the public health code. Amends secs. 7, 8 & 28 of 1969 PA 306 (MCL 24.207 et seq.). TIE BAR WITH: HB 5477'24
Weapons: firearms; 1927 PA 372; update references. Amends secs. 2, 2a, 5b, 5g, 5o, 12 & 15 of 1927 PA 372 (MCL 28.422 et seq.) & repeals sec. 5f of 1927 PA 372 (MCL 28.425f). TIE BAR WITH: HB 4710'23
Economic development: brownfield redevelopment authority; definitions of housing property and tax capture revenues and cap on total tax capture revenues; clarify definitions and modify cap. Amends secs. 2, 14a & 16 of 1996 of 381 (MCL 125.2652 et seq.).
Michigan business tax: credits; time frame for completion of certain multiphase projects; modify. Amends sec. 437 of 2007 PA 36 (MCL 208.1437) & repeals sec. 601 of 2007 PA 36 (MCL 208.1601).