2022
Regular Session
Seizure and forfeiture; require conviction and establish in relation to certain criminal offenses.
AN ACT RELATING TO THE SEIZURE AND FORFEITURE OF PROPERTY IN CERTAIN CRIMINAL ACTIONS; TO DEFINE CERTAIN TERMS; TO STATE CERTAIN DECLARATIONS BY THE LEGISLATURE AND TO PRONOUNCE THE PURPOSE OF THIS ACT; TO AUTHORIZE A COURT TO ISSUE AN EX PARTE PRELIMINARY ORDER FOR THE SEIZURE OF PERSONAL PROPERTY FOR WHICH FORFEITURE IS SOUGHT; TO AUTHORIZE PERSONAL PROPERTY TO BE SEIZED WITHOUT A COURT ORDER OR WARRANT UNDER CERTAIN CONDITIONS; TO REQUIRE A COURT ORDER FOR THE SEIZURE OR RESTRAINT OF REAL PROPERTY; TO EXEMPT HOMESTEAD PROPERTY AND OTHER SPECIFIED PROPERTY HAVING A CERTAIN VALUE FROM SEIZURE AND FORFEITURE; TO DECLARE THAT CONTRABAND IS SUBJECT TO SEIZURE; TO PROHIBIT THE WAIVER OF A PERSON'S INTEREST IN SEIZED PROPERTY; TO REQUIRE LAW ENFORCEMENT TO ISSUE A RECEIPT FOR SEIZED PROPERTY; TO AUTHORIZE A COURT TO ORDER THE FORFEITURE OF PROPERTY WHEN A PERSON IS CONVICTED OF AN OFFENSE AUTHORIZING FORFEITURE; TO PROHIBIT CIVIL FORFEITURE OF PROPERTY UNDER THIS ACT; TO LIMIT FORFEITURE OF PROPERTY TO CASES WHERE THERE IS A CONVICTION OF A STATE CRIMINAL STATUTE THAT AUTHORIZES FORFEITURE OF PROPERTY; TO ESTABLISH THE PROCEDURE FOR FILING A CRIMINAL COMPLAINT FOR THE FORFEITURE OF PROPERTY; TO AUTHORIZE A PROSECUTING ATTORNEY TO FILE AN INDICTMENT WHEN THE STATE SEEKS FORFEITURE OF PROPERTY OTHER THAN THROUGH A COMPLAINT; TO STATE WHEN TITLE TO FORFEITED PROPERTY VESTS WITH THE STATE; TO AUTHORIZE A PRETRIAL HEARING TO DETERMINE THE VALIDITY OF A SEIZURE AND TO REQUIRE THE ISSUANCE OF A WRIT OF REPLEVIN IF CERTAIN FINDINGS ARE MADE; TO DECLARE THAT DISCOVERY IN SEIZURE AND FORFEITURE CASES IS SUBJECT TO THE MISSISSIPPI RULES OF CIVIL PROCEDURE; TO ESTABLISH JURISDICTION OVER FORFEITURE PROCEEDINGS IN THE COURT THAT HAS JURISDICTION OVER THE RELATED CRIMINAL MATTER; TO AUTHORIZE A DEFENDANT, DURING A HEARING RELATING TO THE SEIZURE AND FORFEITURE OF PROPERTY, TO PETITION THE COURT FOR A DETERMINATION ON WHETHER THE FORFEITURE IS UNCONSTITUTIONALLY EXCESSIVE; TO PROHIBIT THE FORFEITURE OF PROPERTY ENCUMBERED BY A BONA FIDE SECURITY INTEREST; TO AUTHORIZE AN INNOCENT OWNER OF PROPERTY SUBJECT TO FORFEITURE TO PETITION THE COURT FOR A HEARING ON THE PERSON'S ALLEGED INTEREST IN THE PROPERTY; TO REQUIRE THE COURT TO EITHER DISMISS THE FORFEITURE PROCEEDING OR ORDER FORFEITURE OF THE PROPERTY AFTER A HEARING ON THE MATTER OR PURSUANT TO A PLEA AGREEMENT; TO AUTHORIZE THE COURT TO ORDER FORFEITURE OF SUBSTITUTE PROPERTY WHENEVER THE PROPERTY SUBJECT TO FORFEITURE IS UNREACHABLE; TO PROHIBIT THE STATE FROM SEEKING PERSONAL MONEY JUDGMENTS RELATED TO THE FORFEITURE OF PROPERTY OTHER THAN PROVIDED FOR IN THIS ACT; TO PROHIBIT A COURT FROM HOLDING DEFENDANTS JOINTLY AND SEVERALLY LIABLE FOR FORFEITURE AWARDS; TO AUTHORIZE AN APPEAL OF A COURT'S DECISION IN FORFEITURE LITIGATION; TO REQUIRE A SEIZING AGENCY TO PAY ATTORNEY FEES WHENEVER A PROPERTY OWNER PREVAILS ON A CLAIM; TO REQUIRE A LAW ENFORCEMENT AGENCY TO RETURN PROPERTY WHEN SO ORDERED BY THE COURT; TO REQUIRE THE DESTRUCTION OF CONTRABAND NO LONGER NEEDED FOR EVIDENTIARY PURPOSES; TO REQUIRE ABANDONED PROPERTY NO LONGER NEEDED FOR EVIDENTIARY PURPOSES TO BE DELIVERED TO THE STATE TREASURER; TO PROHIBIT A LAW ENFORCEMENT AGENCY FROM RETAINING FORFEITED OR ABANDONED PROPERTY FOR ITS OWN USE; TO PROHIBIT A LAW ENFORCEMENT AGENCY FROM RELINQUISHING SEIZED PROPERTY TO A FEDERAL AGENCY FOR THE PURPOSE OF THE PROPERTY'S FORFEITURE UNDER THE CONTROLLED SUBSTANCES ACT; TO ESTABLISH CERTAIN REQUIREMENTS RELATING TO PROPERTY SEIZED THROUGH A MULTIJURISDICTIONAL COLLABORATION WITH THE FEDERAL GOVERNMENT; TO DECLARE THAT THIS ACT PREEMPTS ANY LOCAL GOVERNMENTAL LAW THAT REGULATES CIVIL AND CRIMINAL FORFEITURE; TO AMEND SECTIONS 49-1-43, 49-5-115, 49-7-81 AND 49-7-91, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE PROTECTION OF GAME AND FISH AND HUNTING AND FISHING, IN CONFORMITY TO THE PRECEDING PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 49-7-103 AND 49-7-251 THROUGH 49-7-257, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZE THE SEIZURE AND CONFISCATION OF PROPERTY USED IN ILLEGAL HUNTING OR FISHING; TO REPEAL SECTION 59-21-33, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE SEIZURE AND FORFEITURE OF BOATS AND TRAILERS WITH ALTERED IDENTIFICATION NUMBERS; AND FOR RELATED PURPOSES.
02/02/22 at 15:20
H
B
598
House Bill 598
HB 598
H
Dead
General Bill/Constitutional Amendment
No
Majority
July 1, 2022
Judiciary B
T
../../House_cmtes/JB.xml
Criswell
../../House_authors/Criswell.xml
A
../../code_sections/049/00010043.xml
A
../../code_sections/049/00050115.xml
A
../../code_sections/049/00070081.xml
A
../../code_sections/049/00070091.xml
RP
../../code_sections/049/00070103.xml
RP
../../code_sections/049/00070251.xml
RP
../../code_sections/049/00070253.xml
RP
../../code_sections/049/00070255.xml
RP
../../code_sections/049/00070257.xml
RP
../../code_sections/059/00210033.xml
1
01/13 (H) Referred To Judiciary B
2
02/01 (H) Died In Committee
../../../../documents/2022/pdf/HB/0500-0599/HB0598IN.pdf
../../../../documents/2022/dt/HB/0500-0599/HB0598IN.pdf
../../../../documents/2022/html/HB/0500-0599/HB0598IN.htm
../../../../documents/2022/pdf/HB/0500-0599/HB0598IN.pdf
../../../../documents/2022/dt/HB/0500-0599/HB0598IN.pdf
../../../../documents/2022/html/HB/0500-0599/HB0598IN.htm
N
../../../../documents/2022/pdf/fiscalnotes/HB0598.pdf