House Bill 609

AN ACT TO REQUIRE THAT PROPERTY WHICH HAS BEEN RECEIVED, RECOVERED OR SEIZED BY THE DEPARTMENT OF PUBLIC SAFETY SHALL BE RETURNED TO THE OWNER OR LIENHOLDER IF THE PROPERTY HAS NOT BEEN FORFEITED OR DISPOSED OF BY COURT ORDER; TO PRESCRIBE THE MANNER AND PROCEDURE FOR GIVING NOTICE AND MAKING CLAIMS FOR SUCH PROPERTY; 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 and under the custody or control of the Department of Public Safety that is not forfeited or disposed of by court order, shall be released to the owner or lienholder of the property upon receipt by the department within the time period prescribed under subsection (2) of this section of payment for all storage and towing charges, if any, incurred by the department.

(2) The Department of Public Safety shall notify in writing, by first class United States mail, the owner or lienholder of the property described under subsection (1) of this section at the owner's or lienholder's last known address that the owner or lienholder may claim the property. If the owner or lienholder does not claim the property within thirty (30) days from the date of mailing the notice, the property shall be forfeited to the Department of Public Safety and may be sold or retained for official use by the department in the same manner as other property that is forfeited to the department. The owner or lienholder shall be considered notified under this section if the notice is deposited in the United States mail. Any claim that the notice was not in fact received by the addressee shall not affect the subsequent sale or disposition of the property.

(3) The provisions of this section shall not be applicable to property, the manner and procedure for the seizure, forfeiture or disposition of which is otherwise prescribed by law, and the provisions of such other law shall govern if there is a conflict between the provisions of this law and the provisions of such other law.

SECTION 2. Section 1 of this act shall be codified in Chapter 1 of Title 45, Mississippi Code of 1972.

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