MISSISSIPPI LEGISLATURE

2002 Regular Session

To: Judiciary

By: Senator(s) Turner

Senate Bill 2180

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.  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 the property upon receipt of payment for all storage and towing charges incurred by the Department of Public Safety.  The Department of Public Safety shall notify in writing, by first class 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 mailing of the notice, the property is declared forfeited to the Department of Public Safety.  The owner or the lienholder shall be considered notified under this provision if the notice is deposited in the United States mail and any claim that the notice was not in fact received by the addressee shall not affect the sale or disposition of the property.

     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.