Rep. Lucido’s plan to protect civil liberties moves forward

State Rep. Peter Lucido’s plan to protect the due process rights of Michigan citizens was approved today by the Michigan House of Representatives.

Lucido said civil asset forfeiture is designed to punish criminals by taking the money and property they gain through illegal activity. The problem is, police agencies currently have the authority to take and keep the property of individuals who haven’t even been charged, let alone convicted

Lucido’s legislation requires a criminal conviction before law enforcement agencies can take ownership of personal property using the civil asset forfeiture process.

“People should never be rewarded for criminal activity,” said Lucido, of Shelby Township. “But there is absolutely no reason why there shouldn’t be a conviction first. Police agencies shouldn’t be taking the personal property people work hard all of their lives to earn unless and until they’re proven guilty of a crime.”

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. In 196 cases, people had their assets forfeited and were later found not guilty.

“Innocent people don’t deserve to be treated like criminals,” said Lucido. “This reform protects the fundamental due process rights of all Michigan citizens.”

House Bill 4158 advances to the Senate for consideration.