House Bill 1389

AN ACT TO PROVIDE FOR FORFEITURE OF AND CLAIMS AGAINST PROPERTY USED TO FURTHER AN ACT OF TERRORISM; TO PROVIDE FOR THE ALLOCATION OF THE PROCEEDS; TO PROVIDE A CIVIL CAUSE OF ACTION BY PERSONS INJURED BY AN ACT OF TERRORISM; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) All property, including money, used in the course of, intended for use in the course of, derived from, or realized through conduct which is an act of terrorism is subject to civil forfeiture to the state.

(2) A person injured as a result of a criminal offense related to an act of terrorism, and a law enforcement agency or other governmental agency that participated in the investigation, mitigation, seizure, or forfeiture process for such criminal offense may file a claim for costs or damages, and the property described in subsection (1) of this section shall be used to satisfy any costs or damages awarded for the claim.

(3) (a) A forfeiture or disposition under this section shall not affect the rights of a factually innocent person.

(b) A mortgage, lien, privilege, other security interest, or joint ownership interest shall not be affected by a forfeiture under this section if the owner of the mortgage, lien, privilege, other security interest or joint owner establishes that he or she is a factually innocent person.

(4) The allocation of proceeds from a forfeiture and disposition under this section shall be paid to claimants under subsection (2) of this section in the following order:

(a) (i) First, the costs of investigation shall be paid to the law enforcement agency or governmental agency that conducted the investigation.

(ii) If more than one (1) law enforcement agency or governmental agency equally conducted the investigation, the costs of investigation shall be paid equally to the law enforcement agencies and governmental agencies conducting the investigation.

(iii) If one (1) law enforcement agency or governmental agency primarily conducted the investigation, the costs of investigation first shall be paid to that law enforcement agency or governmental agency, with actual vouchered costs reimbursed on a pro rata basis to the other law enforcement agencies or governmental agencies participating in the investigation, not to exceed ten percent (10%) of the costs of investigation allocated to the primary law enforcement agency or governmental agency.

(b) Second, twenty-five percent (25%) of the proceeds plus the costs of prosecution or all of the remaining proceeds, whichever is less, shall be paid to the prosecuting attorney.

(c) Third, the costs of investigation shall be paid on a pro rata basis to a law enforcement agency or governmental agency that was not fully reimbursed under subsection (4)(a)(iii) of this section.

(d) Fourth, the costs of mitigation, seizure, or forfeiture shall be paid on a pro rata basis to a law enforcement agency or governmental agency that participated in the mitigation, seizure, or forfeiture process.

(e) Fifth, any remaining proceeds shall be paid on a pro rata basis to satisfy any judgments for persons injured as a result of the criminal offense.

(5) (a) Property subject to forfeiture under this section may be seized by a law enforcement officer upon the issuance of a court order.

(b) Seizure without a court order may be made if:

(i) The seizure is incident to a lawful arrest or search; or

(ii) The property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding based on this section.

(ii) Property taken or detained under this section is not subject to sequestration or attachment but is deemed to be in the custody of the law enforcement officer making the seizure, subject only to the order of the court.

(iii) When property is seized under this section, pending forfeiture and final disposition, the law enforcement officer making the seizure may:

1. Place the property under seal;

2. Remove the property to a place designated by the court; or

3. Request another agency authorized by law to take custody of the property and remove it to an appropriate location.

(6) The limitations period for a claim brought under this section is five (5) years from the date of the discovery of the violation.

SECTION 2. (1) A person injured as a result of a criminal offense which is an act of terrorism may file an action for damages against the person who committed such violation.

(2) A person who files an action under this section is entitled to recover three (3) times the actual damages sustained or ten thousand dollars ($10,000), whichever is greater, as well as attorney fees in the trial and appellate courts if the person prevails in the claim.

(3) The limitations period for an action under this section is five (5) years from the date of discovery of the violation.

(4) A person who receives a judgment under this section may seek satisfaction of the judgment as provided by law.

SECTION 3. This act shall take effect and be in force from and after July 1, 2014.