§712A-2  Jurisdiction.  (1)  The State
may commence an in rem proceeding in the circuit court if the property for
which forfeiture is sought is within this State at the time of the filing of
the action.



(2)  The State may commence a civil in personam
proceeding in the circuit court if the courts of this State have in personam
jurisdiction of an owner of or interest-holder in the property.



(3)  The State may commence a criminal in
personam proceeding in the court which has in personam jurisdiction of an owner
of or interest-holder in the property. [L 1988, c 260, pt of §1; am L 1994, c
178, §2]



 



COMMENTARY ON §712A-2



 



  Act 178, Session Laws 1994, amended this section to specify
when the State may commence in rem, civil in personam, and criminal in personam
proceedings.  The legislature recognized the importance of complying with
federal case law pertaining to due process and of ensuring that the statutes
are as clear as possible on the circumstances and procedures surrounding
forfeiture.  Conference Committee Report No. 27.