House panel advances Lucido’s civil asset forfeiture reform plan

Legislation introduced by state Rep. Peter Lucido to protect the due process rights of Michigan citizens advanced today after receiving approval from the House Judiciary Committee.

Lucido’s legislation requires a criminal conviction before law enforcement officers can seize property using the civil asset forfeiture process.

“The whole concept of civil asset forfeiture is to prevent criminals from profiting off of their crimes,” said Lucido, of Shelby Township. “I completely agree – no one should profit from criminal activity. The problem is, the due process rights of innocent citizens are being trampled on under the current process.”

As a former probation officer and criminal defense lawyer of more than 30 years, Lucido said he witnessed law enforcement agencies abuse Michigan’s civil asset forfeiture law.

In 2016, Michigan law enforcement agencies reported confiscating $15.2 million worth of cash and property through the civil asset forfeiture process. No charges were ever filed in about 10 percent of the cases.

“This reform is long overdue,” said Lucido. “It’s time to protect the civil liberties of Michigan citizens by ensuring their personal property cannot be seized unless and until law enforcement proves a crime has been committed.”

House Bill 4158 advances to the full House for consideration.