Michigan Laws 445.79 – Property subject to forfeiture
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Terms Used In Michigan Laws 445.79
- Data: means computerized personal information. See Michigan Laws 445.63
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Interactive computer service: means an information service or system that enables computer access by multiple users to a computer server, including, but not limited to, a service or system that provides access to the internet or to software services available on a server. See Michigan Laws 445.63
- Person: means an individual, partnership, corporation, limited liability company, association, or other legal entity. See Michigan Laws 445.63
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Telecommunication provider: means all of the following:
(i) A provider as that term is defined in section 102 of the Michigan telecommunications act, 1991 PA 179, MCL 484. See Michigan Laws 445.65a
(1) Except as provided in subsection (2), the following property is subject to forfeiture:
(a) Any personal or real property that has been used, possessed, or acquired in a felony violation of this act.
(b) Except as provided in subparagraphs (i) to (iii), a conveyance, including an aircraft, vehicle, or vessel, used or intended for use to transport, or in any manner to facilitate the transportation of, for the purpose of sale or receipt, property described in subdivision (a):
(i) A conveyance used by a person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture unless it is determined that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this act.
(ii) A conveyance is not subject to forfeiture by reason of any act or omission established by the owner of that conveyance to have been committed or omitted without the owner’s knowledge or consent.
(iii) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party who neither had knowledge of nor consented to the act or omission.
(c) Books, records, computers, electronic equipment, and research products and materials, including microfilm, digital media, tapes, and data, used or intended for use in violation of this act.
(d) Any money, negotiable instruments, securities, or any other thing of value that is found in close proximity to any property that is subject to forfeiture under subdivision (a), (b), or (c) is presumed to be subject to forfeiture. This presumption may be rebutted by clear and convincing evidence.
(2) Property used to commit a violation of this act is not subject to forfeiture unless the owner of the property actively participates in or consents to the violation of this act.
(3) Property of any of the following providers is not subject to forfeiture under this act unless it is determined that the provider is a consenting party or privy to a violation of this act:
(a) A telecommunication provider.
(b) An internet service provider.
(c) A computer network service provider.
(d) An interactive computer service provider.