Runestad calls for oversight in civil asset forfeiture process

State Rep. Jim Runestad of White Lake testified today before the House Judiciary Committee in support of legislation bringing more oversight and transparency to Michigan’s civil asset forfeiture process.

Civil asset forfeiture is the procedure by which law enforcement officers can seize property they believe was gained from or used during the commission of a crime. Under current law, property – such as cash, narcotics, vehicles and other assets – can be seized from an individual even if they are never charged with a crime.

Runestad, who chairs the House Judiciary Committee, said legislation he sponsored as part of a three-bill package will offer more oversight to help protect the due process rights of innocent citizens.

“Criminals should not be allowed to profit from crime, but we must also provide checks and balances to ensure the process isn’t being abused,” Runestad said.

Runestad’s legislation, House Bill 5702, requires the county prosecuting attorney to review and obtain a court order for all forfeitures. If the forfeiture is not approved or a court order is not obtained, the seizing agency is required to return the property, unless it is harmful to the public.

“Local county prosecutors are elected by the people,” Runestad said. “Giving them this oversight will help foster the trust of the community and ensure any potential bad actors are held in check.”

House Bills 5703 and 5704, sponsored by state Reps. Gary Glenn and Beau LaFave, make the following reforms:

· Require Michigan law enforcement officers to complete training designed to assist in lawful property seizure that may be subject to forfeiture.

· Ensure consistent regulations across the state by placing local civil asset forfeiture processes under the exclusive domain of state law.

“This package is a great step in the right direction,” Runestad said. “It is imperative that Michigan citizens trust in law enforcement, and having a transparent and consistent process across the state will ensure that trust is solid.”

HBs 5702-5704 remain under consideration by the House Judiciary Committee.