Senate Bill 2180

(As Sent to Governor)

AN ACT TO CLARIFY DISPOSITION OF SEIZED PROPERTY AFTER NOTICE TO ANY KNOWN OWNER OR LIENHOLDER; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Any property received, recovered or seized by the Department of Public Safety which is not forfeited or disposed of by court order may be released to the owner of or lienholder on the property upon receipt of payment for all storage and towing charges incurred by the Department of Public Safety. (2) The Department of Public Safety shall notify in writing, by United States certified mail, the owner or lienholder of the property at the owner's or lienholder's last known address that the owner or lienholder may retrieve the property. In the event that the owner or lienholder does not claim the property within thirty (30) days from the date of the receipt of the notice, the property is declared forfeited to the Department of Public Safety. (3) In the event the notice by mail is returned undelivered, the department shall cause to be made further search and inquiry

to ascertain the reputed owner's or lienholder's street and post office address. If a new or additional address is ascertained, the department shall again issue notice. If a new or additional address is not ascertained, or if notice is again returned undelivered, the department shall cause an affidavit to be prepared to that effect which shall specify the acts of search and inquiry made in the effort to ascertain the owner's or lienholder's address. The affidavit shall be retained by the department for three (3) years. Upon the making of the affidavit, the property is declared forfeited to the Department of Public Safety.

SECTION 2. This section shall be codified under Title 45, Chapter 1, Mississippi Code of 1972.

SECTION 3. This act shall take effect and be in force from and after July 1, 2002.