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Michigan Laws Making News

What Laws Are Impacting Grand Rapids Area Residents

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Law In The News

New 'porch pirate' law takes effect Dec. 16

December 16, 2019

On Dec. 16th, a new state law took effect to combat "porch pirates."

On Monday, a new state law takes effect to close the gap. If caught stealing, mail thieves could face fines and up to a year in jail. Repeat offenders could face up to five years in prison.

Read more at Fox17

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City Commission adopts new weapons ordinance

December 4, 2019

Grand Rapids City Commission adopts a new weapons ordinance.
The current firearms ordinance has received only a few updates since it went into effect in 1967. The new ordinance goes into effect April 1, 2020.

The City Commission this evening voted to repeal the City’s firearms ordinance and replace it with a new weapons ordinance.

Read more at the official City of Grand Rapids Website

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Indiana Supreme Court Applies Eighth Amendment to Curb "Oppressive" Asset Forfeitures

November 4, 2019

"In February, in the case of Timbs v. Indiana, a unanimous Supreme Court ruled that the Excessive Fines Clause of the Eighth Amendment applies to state and local governments (as well as the federal government) and that it constrains civil asset forfeitures. Civil asset forfeiture policies enable law enforcement agencies to seize property that they suspect might have been used in a crime—including in many cases where the owner has never been convicted of anything, or even charged.

To determine if a forfeiture would be "grossly disproportional" and unconstitutional under the Excessive Fines Clause, the Indiana Supreme Court devised a three-factor test. First, Hoosier courts will now have to consider the "harshness of the punishment," which may include considering if the forfeiture would remedy the harm cause by the offense and to what extent, as well as property's value and role in the offense.

Judges will also need to determine what effect forfeiting the property would have on the owner. After all, courts already consider a person's economic resources when it comes to levying court costs and civil punitive damages.

"The owner's economic means—relative to the property's value—is an appropriate consideration," Chief Justice Rush wrote. "To hold the opposite would generate a new fiction: that taking away the same piece of property from a billionaire and from someone who owns nothing else punishes each person equally."
Second, courts in Indiana must determine the "severity of the offense," which includes examining statutory penalties, the sentence imposed, and the harm cause by the crime. Finally, judges will also be required to consider an owner's culpability and "blameworthiness for the property's use as an instrumentality of the underlying offenses." A forfeiture may be unconstitutionally excessive "if a claimant is entirely innocent of the property's misuse."

Read more at reason.com

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How to get your criminal record sealed in Michigan

September 20, 2019

The application process for getting a criminal record sealed from public view in Michigan can be daunting.
But before you even apply, figuring out whether you're eligible can be confusing.

A recent study by two University of Michigan Law professors found that expungement leads to higher earnings and low recidivism rates. Yet, the professors estimate that more than 90% of people who qualify don't apply within five years of becoming eligible.
Read more at Detroit Free Press

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