THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931
750.159l Jurisdiction of court; notification of persons with property interest. Sec. 159l.
(1) In a prosecution under section 159i, the court has jurisdiction to enter such restraining orders or injunctions or to take other action by order, including, but not limited to, the acceptance of satisfactory performance bonds, in connection with any property subject to criminal forfeiture under section 159j, as the court considers proper. (2) Within 14 days after the entry of an order described in subsection (1), the prosecuting agency shall notify all persons known to have or appearing to have an interest in the property of the order, by certified mail. In determining whom to notify under this subsection, the prosecuting agency shall conduct a search of county, state, and federal public records where notices of liens and security interests are normally recorded.
History: Add. 1995, Act 187, Eff. Apr. 1, 1996
Simplified Explanation of Michigan Penal Code Section 750.159l
This section of the Michigan Penal Code is related to the court's jurisdiction and the process of notifying interested parties in the context of criminal forfeiture proceedings.
- Court Jurisdiction: In a prosecution under section 159i, the court has the power to issue restraining orders, injunctions, or other orders related to property that could be forfeited under section 159j. This includes accepting satisfactory performance bonds. Performance bonds are guarantees from a third-party (usually a bank or an insurance company) that a defendant will fulfill their obligations. This is done as the court deems necessary.
- Notification of Interested Parties: Within 14 days after issuing an order described in the previous point, the prosecuting agency must notify all people known or believed to have an interest in the property. This notification is done through certified mail. To figure out who needs to be notified, the prosecuting agency is required to search county, state, and federal public records where notices of liens and security interests are usually recorded. A lien is a right to keep possession of property belonging to another person until a debt owed by that person is paid. A security interest is a legal claim on collateral that has been pledged, usually to obtain a loan.
Please keep in mind this is a simplified explanation and not legal advice. Always consult with a legal professional for matters related to law.