TrustVoting Atlas

property interest; petition; consolidation of hearings; testimony and evidence;
 amendment of order.
 Sec. 159k.
    (1) Upon the entry of the order of criminal forfeiture pursuant to section 159j, the court
 shall cause notice of the order to be sent by certified mail to all persons known to have, or
 appearing to have, an interest in the property to be forfeited. To assist the court in determining
 whom to notify, the prosecuting agency shall conduct a search of county, state, and federal
 public records where notice of liens and security interests are normally recorded. If the name
 and address of the person are not reasonably ascertainable or delivery of the notice cannot
 reasonably be accomplished, the notice shall be published in a newspaper of general
 circulation in the county in which the prosecution occurred for 10 successive publishing days.
 Proof of written notice or publication shall be filed with the court entering the order of
 criminal forfeiture.
    (2) Within 21 days after receipt of the notice or after the date of the completion of the
 publication under subsection (1), a person, other than the defendant, who claims an interest in
 the property subject to criminal forfeiture may petition the court for a hearing to determine the
 validity of the claim. The petition shall be signed and sworn to by the petitioner and shall set
 forth the nature and extent of the petitioner's interest in the property, the date and
 circumstances of the petitioner's acquisition of the interest, any additional allegations
 supporting the claim, and the relief sought. The petitioner shall furnish the prosecuting agency
 with a copy of the petition.
    (3) To the extent practicable and consistent with the interests of justice, the court shall hold
 the hearing within 28 days after the filing of the petition. The court may consolidate the
 hearings on all petitions filed by third party claimants under this section. At the hearing, the
 petitioner may testify and present evidence on his or her own behalf and may cross-examine
 witnesses. The prosecuting agency may present evidence and witnesses in rebuttal and in
 defense of the claim of the state to the property and may cross-examine witnesses. The court,
 in making its determination, shall consider the testimony and evidence presented at the hearing
 and the relevant portions of the record of the criminal proceeding that resulted in the order of
 criminal forfeiture.
    (4) If the court determines 1 or more of the following, by a preponderance of the evidence,
 the court shall amend the order of criminal forfeiture in accordance with its determination to
 protect the rights of innocent persons:
    (a) The petitioner has a legal right, title, or interest in the property that, at the time of the
 commission of the acts giving rise to the forfeiture of the property, was vested in the petitioner
 and not in the defendant or was superior to the right, title, or interest of the defendant, and the
 petitioner did not have prior actual knowledge of the racketeering activity.


                                                                  Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026            Page 129 of 465                              Courtesy of legislature.mi.gov

   (b) The petitioner is a bona fide purchaser for value of the right, title, or interest in the
 property and was at the time of the purchase reasonably without cause to believe that the
 property was subject to forfeiture under section 159j.
   (c) The property is encumbered by a security interest and the holder of the security interest
 did not have prior actual knowledge of the racketeering activity.
   (d) The property is encumbered by an unpaid balance on a land contract and the land
 contract vendor did not have prior actual knowledge of the racketeering activity.