Rep. Runestad, House advance plan to protect due process rights

State Rep. Jim Runestad of White Lake today voted to approve a plan protecting the civil liberties of all people in Michigan.

The legislation will still allow law enforcement to seize property based on probable cause, but requires a criminal conviction before law enforcement agencies can take ownership of personal property using the civil asset forfeiture process.

Civil asset forfeiture is designed to punish criminals by taking the money and property they gain through illegal activity. But Runestad said the current law violates the fundamental right to due process by giving police agencies the authority to keep the property of individuals who haven’t even been charged.

“Criminals should not be allowed to profit from their crime and forfeiture is a useful tool to prevent this,” said Runestad, who chairs the House Judiciary Committee and worked extensively on the legislation over the past few months. “However, requiring a conviction is a common-sense reform that will safeguard the fundamental rights of Michigan citizens while still allowing law enforcement agencies the ability to crack down on convicted criminals.”

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.

“These reforms will give the residents of this state more confidence in their local law enforcement agency’s work and provide more transparency in the forfeiture process,” Runestad said.

House Bill 4158 advances to the Senate for consideration.