House Bill 1202

AN ACT TO AMEND SECTION 41-29-107.1, MISSISSIPPI CODE OF 1972, TO REVISE THE LIST OF INFORMATION REQUIRED TO BE PUBLISHED ON THE MISSISSIPPI BUREAU OF NARCOTICS WEBSITE FOR PURPOSES RELATED TO DISPOSITION OF PROPERTY THAT HAS BEEN SEIZED BY LAW ENFORCEMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 41-29-107.1, Mississippi Code of 1972, is amended as follows:

41-29-107.1. (1) The Mississippi Bureau of Narcotics shall establish and maintain a public website that is searchable by case numbers created by the bureau which tracks seized property from the time of seizure to final disposition of the property. The website shall be designed in a manner that allows the information required by this section to be uploaded to the website. The website shall include the following information regarding property that is seized by a law enforcement agency pursuant to Section 41-29-153:

(a) The name of the law enforcement agency that seized the property;

(b) A description of each item seized, including the approximate value of the property;

(c) A copy of the notice of intent to forfeit as described in Section 41-29-176 or the petition for forfeiture as described in Section 41-29-177, whichever is applicable;

(d) A copy of any petition to contest forfeiture filed as described in Section 41-29-176;

(e) If a forfeiture was obtained because no petition to contest forfeiture was timely filed as provided in Section 41-29-176, a copy of the written declaration of forfeiture as required by Section 41-29-176;

(f) If a forfeiture is obtained under Section 41-29-177, a copy of any final judgment or dispositive order regarding the merits of the petition for forfeiture; * * *~~and~~

(g) If the forfeiture was initiated under Section 41-29-176 and a petition to contest is filed, a copy of any final order or other dispositive order regarding the forfeiture * * *.;

(h) The cardinal direction in which the individual was traveling when intercepted, if applicable;

(i) The name and cardinal direction of the highway or road on which the individual was traveling, if applicable;

(j) The type and amount of controlled substances seized in accordance with the interception, if applicable; and

(k) The circumstances of search and seizure of assets, including: search warrant, incident to arrest, vehicle consent, probable cause, inventory, public health, other consent.

For purposes of this subsection (1), the phrase, "cardinal direction" means the four cardinal directions, or cardinal points for the directions north, east, south, and west, commonly denoted by the abbreviations N, E, S, and W.

(2) (a) Except as otherwise provided in this section for the bureau, upon seizure of any property by a law enforcement agency pursuant to Section 41-29-153, the seizing law enforcement agency shall provide the applicable information required by subsection (1) of this section to the district attorney of the county in which the property was seized within thirty (30) days of such seizure. However, if the bureau is conducting the seizure of property on behalf of a law enforcement agency, the provisions of paragraph (b) of this subsection shall apply. Within thirty (30) days of receipt of notice of intent to forfeit as described in Section 41-29-176 or the filing of a petition for forfeiture as described in Section 41-29-177 in a court of competent jurisdiction, the district attorney shall upload the information required by this section to the bureau's website. Within thirty (30) days of service of a petition to contest forfeiture as described by Section 41-29-176, the district attorney shall upload the information required by the section to the bureau's website. Within thirty (30) days of dispositive actions regarding any seized property, the district attorney shall upload the applicable information required by subsection (1) of this section to the bureau's website. The commander of a multijurisdictional taskforce may appoint one (1) agency to report its seizures to the district attorney of the county in which the property was seized. Any law enforcement agency that fails to provide the information required by this section shall be disqualified from applying for or receiving state grants.

(b) Upon seizure of any property by the bureau pursuant to Section 41-29-153 or pursuant to a request by a law enforcement agency for the bureau to seize property on behalf of the law enforcement agency, the bureau shall upload the information required by this subsection on its website within thirty (30) days of the seizure, or from the time of the receipt of the request from the law enforcement agency.

(3) Failure to upload the information required by this section shall not invalidate the seizure or otherwise preclude the same.

(4) The Mississippi Bureau of Narcotics shall adopt rules and regulations that are necessary to implement this section.

(5) For purposes of this section, the term "law enforcement agency" includes any person or entity having seizure authority under Section 41-29-159.

(6) Failure to substantially comply with the provisions of this section shall disqualify the seizing law enforcement agency from applying for or receiving federal or state grants until such time as in compliance with this section.

(7) The provisions of this section shall be required only at such time as the Legislature has appropriated funds for the bureau to create and maintain the required website. The website shall be created and functionally operational, not more than twelve (12) months from the date that sufficient funds have been appropriated for that purpose. The bureau shall provide at least thirty (30) days notice in advance of the date when the website will be operational to each district attorney in the state.

SECTION 2. This act shall take effect and be in force from and after July 1, 2019.