MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Judiciary B
By: Representative Brown
AN ACT TO CREATE THE MISSISSIPPI CRIMINAL FORFEITURE ACT OF 2016; TO PROVIDE CERTAIN DEFINITIONS; TO EXEMPT CERTAIN PROPERTY FROM FORFEITURE; TO REQUIRE A CRIMINAL CONVICTION FOR FORFEITURE OF PROPERTY; TO AUTHORIZE THE SUBSTITUTION OF ASSETS; TO PROVIDE PROCESS REQUIREMENTS FOR FORFEITURE; TO REQUIRE LAW ENFORCEMENT TO PROVIDE AN ITEMIZED RECEIPT OF SEIZED PROPERTY; TO PROVIDE THAT THE STATE ACQUIRES PROVISIONAL TITLE TO PROPERTY UPON SEIZURE; TO PROVIDE FOR A PRETRIAL REPLEVIN HEARING; TO AUTHORIZE A DEFENDANT TO PETITION THE COURT FOR A PROPORTIONALITY HEARING; TO EXEMPT PROPERTY ENCUMBERED BY A BONA FIDE SECURITY INTEREST FROM FORFEITURE; TO PROVIDE AN INNOCENT OWNER EXCEPTION; TO PROVIDE FOR THE DISPOSITION OF PROPERTY AND PROCEEDS; TO REQUIRE THE COMMISSIONER OF PUBLIC SAFETY TO PUBLISH CERTAIN REPORTS ON THE DEPARTMENT OF PUBLIC SAFETY'S WEBSITE; TO PROHIBIT STATE LAW ENFORCEMENT FROM TRANSFERRING CERTAIN SEIZED OR FORFEITED PROPERTY TO THE FEDERAL GOVERNMENT; TO AMEND SECTIONS 41-29-153, 41-29-149.1, 41-29-163, 97-15-30, 27-3-4, 49-7-103, 49-15-21, 49-15-64, 59-21-33, 49-33-7, 97-43-9, 97-23-107, 97-3-110, 97-3-111, 67-1-17, 67-1-93, 63-11-49, 63-7-103, 49-15-201, 49-15-15, 49-15-63 AND 63-21-101, MISSISSIPPI CODE OF 1972, IN CONFORMITY WITH THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 41-29-176 THROUGH 41-29-185, MISSISSIPPI CODE OF 1972, WHICH PROVIDE THE FORFEITURE PROCEDURE FOR VIOLATIONS OF THE UNIFORM CONTROLLED SUBSTANCES LAW; TO REPEAL SECTIONS 49-7-251 THROUGH 49-7-257, MISSISSIPPI CODE OF 1972, WHICH PROVIDE THE FORFEITURE PROCEDURE FOR VIOLATIONS OF HUNTING AND FISHING LAWS; TO REPEAL SECTIONS 67-1-95 THROUGH 67-1-99, MISSISSIPPI CODE OF 1972, WHICH PROVIDE THE FORFEITURE PROCEDURE FOR VIOLATIONS OF BEVERAGE CONTROL LAWS; TO REPEAL SECTIONS 63-11-51 AND 63-11-53, MISSISSIPPI CODE OF 1972, WHICH PROVIDE THE FORFEITURE PROCEDURES FOR VIOLATIONS OF THE IMPLIED CONSENT LAW; TO REPEAL SECTIONS 49-15-203 THROUGH 49-15-207, MISSISSIPPI CODE OF 1972, WHICH PROVIDE THE FORFEITURE PROCEDURE FOR VIOLATIONS OF MARINE LAW; TO REPEAL SECTIONS 63-21-101 THROUGH 63-21-111, MISSISSIPPI CODE OF 1972, WHICH PROVIDE THE FORFEITURE PROCEDURE FOR VIOLATIONS OF THE VEHICLE SCRAPPING AND DISMANTLING LAW; TO REPEAL SECTION 97-4-11, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE FORFEITURE PROCEDURE FOR VIOLATIONS OF THE RACKETEER INFLUENCED CORRUPT ORGANIZATION ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The purpose of this chapter is to:
(a) Deter criminal activity by reducing its economic incentives;
(b) Increase the pecuniary loss from criminal activity;
(c) Protect against the wrongful forfeiture of property; and
(d) Ensure that only criminal forfeiture is allowed in this state.
SECTION 2. The following words and phrases shall have the meaning ascribed in this section unless the context clearly indicates otherwise:
(a) "Abandoned property" means personal property left by an owner who intentionally relinquishes all rights to its control, but does not include real property.
(b) "Actual knowledge" means direct and clear awareness of information, a fact or a condition.
(c) "Contraband" means any controlled substance, raw material or paraphernalia, or any goods that are unlawful to import, export or possess.
(d) "Constructive knowledge" means knowledge that is imputed to family or household members of the defendant if, three or more times for the same or similar offense, as specified in statute, in the ten (10) years prior to the alleged offense, the defendant admitted guilt or was adjudicated guilty.
(e) "Conveyance" means a device used for transportation and includes a motor vehicle, trailer, snowmobile, airplane or vessel, and any equipment attached thereto. "Conveyance" does not include property that is stolen or taken in violation of the law.
(f) "Instrumentality" means property otherwise lawful to possess that is used in the furtherance or commission of an offense to which forfeiture applies and includes land, buildings, containers, a conveyance, equipment, materials, products, computers, computer software, telecommunications device, firearms, ammunition, tools, money securities and negotiable instruments and other means of exchange.
(g) "Law enforcement agency" means any nonfederal police force, or other local, county or state agency that has the authority to engage in seizure and forfeiture.
(h) "Law subject to forfeiture" means a state law that carries a felony penalty and that explicitly includes forfeiture as a punishment or sanction for the offense.
SECTION 3. (1) When a person is convicted of violating a law subject to forfeiture which provides forfeiture proceedings shall be undertaken in accordance with this chapter, the court, consistent with this chapter, may order the person to forfeit:
(a) Property the person derived from the commission of the crime;
(b) Property directly traceable to property derived from the commission of the crime;
(c) Instrumentalities the person used in the commission of the crime; and
(d) Any other property expressly authorized by law.
(2) A court shall not order the person to forfeit:
(a) Property for which the person claims a homestead exemption under Section 85-3-21;
(b) A motor vehicle that has a fair market value of less than Ten Thousand Dollars ($10,000.00); and
(c) United States currency totaling Two Hundred Dollars ($200.00) or less.
SECTION 4. (1) Any seized controlled substance or paraphernalia seized under the Article 3, Chapter 29, Title 41, Mississippi Code of 1972 (Uniform Controlled Substances Law) shall be disposed of in accordance with Section 41-29-154.
(2) Any other contraband shall be disposed of in accordance with state law.
(3) Forfeiture relating to violations of the Motor Vehicle Chop Shop, Stolen and Altered Property Act shall be undertaken in accordance with Sections 63-25-7 and 63-25-9.
SECTION 5. (1) A person's property may be forfeited if:
(a) The person committed an offense of a state law which provides that certain property shall be subject to forfeiture;
(b) The offense has been established by proof of a criminal conviction; and
(c) The state proves by clear and convincing evidence in a forfeiture proceeding that the property is forfeitable under the provisions of this chapter.
(2) Nothing in this section prohibits property from being forfeited by plea agreement approved by the presiding criminal court.
(3) The court may waive the conviction requirement if the prosecuting authority shows by a preponderance of the evidence that the suspect has: (a) died, (b) was deported by the United States Government or (c) fled the jurisdiction after being arrested, charged with a crime that is subject to forfeiture and was released on bail. However, the property remains subject to claims by innocent owners, creditors and other third parties in accordance with this chapter.
SECTION 6. Upon the state's motion following conviction, the court may order the forfeiture of substitute property owned by the defendant up to the value of unreachable property that is beyond the court's jurisdiction or cannot be located through due diligence, only if the state proves by a preponderance of the evidence that the defendant intentionally transferred, sold or deposited property with a third party to avoid the court's jurisdiction.
SECTION 7. The state may not seek personal money judgments or other remedies in lieu of proceeding under or for the purpose of circumventing this chapter.
SECTION 8. A defendant is not jointly and severally liable for forfeiture awards owned by other defendants. When ownership is unclear, a court may order each defendant to forfeit property on a pro rata basis or by other means the court finds equitable.
SECTION 9. At the request of the state, at any time, a court may issue an ex parte preliminary order to attach, seize or secure personal property for which forfeiture is sought and to provide for its custody.
SECTION 10. Personal property subject to forfeiture may be seized at any time without a court order if:
(a) The seizure of personal property is incident to a lawful arrest or a lawfully conducted search;
(b) The personal property subject to seizure has been the subject of a prior judgment in favor of the state; or
(c) The state has probable cause to believe that the delay occasioned by the necessity to obtain process would result in the removal or destruction of the personal property and that the personal property is forfeitable under this chapter.
SECTION 11. (1) Seizure of real property under this chapter requires a court order. A court may issue an order to seize or secure real property for which forfeiture is sought only after proper notice to property owners and an opportunity for a contested hearing to determine the sufficiency of probable cause for the seizure.
(2) Nothing in this section prohibits prosecuting authority from seeking a lis pendens or restraining order to hinder the sale or destruction of the real property.
SECTION 12. When property is seized in accordance with this chapter, the law enforcement officer shall give an itemized receipt to the person possessing the property, or in the absence of any person, leave a receipt in the place where the property was found, if reasonably possible.
SECTION 13. (1) Upon the seizure of property or entry of a restraining order affecting real property, the state acquires provisional title to the seized property. Provisional title authorizes the state to hold and protect the property.
(2) Title to the property vests with the state when the trier of fact renders a final forfeiture verdict and relates back to the time when the state acquired provisional title. However, this title is subject to claims by third parties adjudicated under this chapter.
SECTION 14. (1) Following the seizure of property, a defendant or third party has a right to a pretrial hearing to determine the validity of the seizure.
(2) The claimant may claim at any time prior to sixty (60) days before trial of the related criminal offense, the right to possession of property by a motion to the court to issue a writ of replevin.
(3) The claimant shall file a motion establishing the validity of the alleged interest in the property.
(4) The court shall hear the motion no later than thirty (30) days after the motion is filed.
(5) The state shall file an answer showing probable cause for the seizure, or cross motions at least ten (10) days before the hearing.
(6) Either party may, by agreement or for good cause, move the court for one (1) extension of no more than ten (10) days. Any such motion may be supported by affidavits or other submissions.
(7) The court shall grant the motion to issue a writ of replevin if it finds that:
(a) It is likely the final judgment will be that the state must return the property to the claimant;
(b) The property is not reasonably required to be held for investigatory reasons; or
(c) The property is the only reasonable means for a defendant to pay for legal representation in the forfeiture or criminal proceeding.
At the court's discretion under this subsection (7), it may order the return of funds or property sufficient to obtain legal counsel but less than the total amount seized, and may require an accounting.
(8) In lieu of ordering the issuance of the writ, the court may order the state to give security or written assurance for satisfaction of any judgment, including damages, that may be rendered in the action, or order other relief as the court finds equitable.
SECTION 15. Discovery in a forfeiture proceeding conducted under this chapter shall be subject to the rules of criminal procedure.
SECTION 16. (1) A forfeiture proceeding held under the provisions of this chapter shall begin after the conclusion of the trial for the related criminal matter in an ancillary proceeding that relates to a defendant's property before the same judge and jury, if applicable.
(2) The forfeiture proceeding regarding property of less than Ten Thousand Dollars ($10,000.00) shall be held before only a judge.
(3) Venue for a forfeiture proceeding is in the same court in which venue lies for the criminal matter related to the seized property.
SECTION 17. (1) At any time following the determination of forfeiture by the trier of fact or judge, as the case may be, the defendant may petition the court to determine whether the forfeiture is unconstitutionally excessive under the Constitution of the United States or the Constitution of the State of Mississippi.
(2) The defendant has the burden of establishing that the forfeiture is grossly disproportionate to the seriousness of the offense by a preponderance of the evidence at a hearing conducted by the court without a jury.
(3) In determining whether the forfeiture of an instrumentality is unconstitutionally excessive, the court may consider all relevant factors, including, but not limited to:
(a) The seriousness of the offense and its impact on the community, including the duration of the activity and the harm caused by the defendant;
(b) The extent to which the defendant participated in the offense;
(c) The extent to which the property was used in committing the offense;
(d) The sentence imposed for committing the crime subject to forfeiture; and
(e) Whether the offense was completed or attempted.
(4) In determining the value of the instrumentality subject to forfeiture, the court may consider all relevant factors, including, but not limited to:
(a) The fair market value of the property;
(b) The value of the property to the defendant including hardship to the defendant if the property is actually forfeited; and
(c) The hardship from the loss of a primary residence, motor vehicle or other property to the defendant's family members or others if the property is forfeited.
(5) The court may not consider the value of the instrumentality to the state in determining whether the forfeiture of an instrumentality is constitutionally excessive.
SECTION 18. (1) Property encumbered by a bona fide security interest, or property subject to a lease or rental agreement is not subject to forfeiture. A person claiming a security interest must establish by a preponderance of the evidence the validity of (a) the interest perfected under Sections 75-9-308 through 75-9-316, or perfected by other means allowed under state law, (b) the interest of record in any real property or (c) the lease or rental agreement.
(2) The prosecuting authority shall summarily return the property to the person with the bona fide security interest, the lessor or renter.
(3) If the person alleges a valid security interest in the property, or is the lessor or renter of the property, but the state seeks to proceed with the forfeiture against the property, the state shall prove by a preponderance of the evidence that the person had actual knowledge of the underlying crime giving rise to the forfeiture.
SECTION 19. (1) The property of an innocent owner may not be forfeited.
(2) A person who has an ownership interest in property subject to forfeiture existing at the time the illegal conduct giving rise to forfeiture occurred and who claims to be an innocent owner bears the burden of proving by a preponderance of the evidence that the person has a legal right, title or interest in the property seized under this chapter.
(3) If a person proves he has a legal right, title or interest in the seized property under subsection (2) of this section, and the state seeks to proceed with the forfeiture against the property, the state shall prove by a preponderance of the evidence that the person had actual or constructive knowledge of the underlying crime giving rise to the forfeiture.
(4) A person who acquired an ownership interest in property subject to forfeiture after the commission of a crime giving rise to the forfeiture and who claims to be an innocent owner bears the burden of proving by a preponderance of the evidence that the person has legal right, title or interest in the property seized under this chapter.
(5) If subsection (4) of this section is satisfied, and the state seeks to proceed with the forfeiture against the property, the state shall prove by a preponderance of the evidence that at the time the person acquired the property, the person:
(a) Had actual or constructive knowledge that the property was subject to forfeiture; or
(b) Was not a bona fide purchaser without notice of any defect in title and did not purchase the property for valuable consideration.
(6) If the state fails to meet its burden in subsections (3) or (5) of this section, the court shall find that the person is an innocent owner and shall order the state to relinquish all claims of title to the property.
(7) The suspect or convicted offender may invoke the right against self-incrimination or the marital privilege during the forfeiture-related stage of prosecution. The trier of fact at the hearing may draw an adverse inference from the invocation of the right or privilege.
SECTION 20. A party to a forfeiture proceeding may appeal the court's decision regarding the seizure, forfeiture and distribution of property under this chapter.
SECTION 21. (1) At any time when unclaimed property or contraband held for evidentiary purposes is no longer or needed for that purpose, the court may order it to be delivered to the State Treasurer within thirty (30) days.
(2) If the forfeiture is granted, the court may order the property be delivered to the State Treasurer within thirty (30) days.
(3) Upon motion, the court may order that a portion of the currency seized or proceeds from public auction be used to pay reasonable nonpersonnel expenses of the seizure, storage and maintenance of custody of any forfeited items.
(4) All abandoned property shall be delivered to the State Treasurer within thirty (30) days.
(5) The State Treasurer shall dispose of all noncurrency forfeited and abandoned property at public auction. The auction proceeds and forfeited currency shall first be used to pay all outstanding recorded liens on the forfeited property, then to comply with an order of the court to pay reasonable nonpersonnel expenses, with all remaining funds to be deposited into the state's General Fund.
SECTION 22. No law enforcement agency may retain forfeited or abandoned property for its own use or sell it directly or indirectly to any employee of the agency, to a person related to an employee by blood or marriage, or to another law enforcement agency.
SECTION 23. (1) The law enforcement agency that holds the property shall return property to the owner within a reasonable period of time not to exceed five (5) days after:
(a) The court finds that the owner had a bona fide security interest;
(b) The court finds that the owner was an innocent owner;
(c) The acquittal of or dismissal of the owner of the criminal charge that is the basis of the forfeiture proceedings; or
(d) The disposal of the criminal charge that is the basis of the forfeiture proceedings by nolle presequi.
(2) The law enforcement agency that holds the property is responsible for any damages, storage fees and related costs applicable to property returned under subsection (1) of this section.
SECTION 24. A law enforcement agency, joint taskforce of any kind or prosecuting authority may not directly or indirectly transfer seized property to any federal agency unless the seized property includes seized United States currency in excess of Fifty Thousand Dollars ($50,000).
SECTION 25. (1) This section shall apply to any property seized under this chapter.
(2) The Commissioner of Public Safety shall establish and maintain a searchable public website that includes the following information from completed cases involving property, other than currency, seized by a state, county or city law enforcement agency under federal and state law:
(a) The name of the law enforcement agency that seized the property;
(b) A description of each seized property, other than currency including the make and model; provided, however, that such details shall not be required when publishing them would compromise an ongoing investigation;
(c) The date the law enforcement agency seized the property;
(d) The estimated value of the seized property;
(e) Whether the suspect was charged with a crime;
(f) The criminal offense alleged to have been committed that led to the property's seizure;
(g) Whether the criminal offense is under federal or state law;
(h) A description of the case's resolution, such as dropped charges, acquittal, plea agreement, jury conviction or other;
(i) Whether the forfeiture litigation was completed under civil or criminal procedures;
(j) The date of the sale, if the property was sold;
(k) Selling expenses associated with the property's sale;
(l) The total net proceeds received from the property's sale;
(m) The proceeds received by the law enforcement agency from the property's sale;
(n) If the property was retained, the purpose for which it was used, however, such details shall not be required when publishing them would compromise an ongoing investigation;
(o) The date of the destruction if the property was destroyed; and
(p) The date of the return of the property if the property was returned to an owner or interest holder, by the law enforcement agency, prosecuting authority or by court order.
(3) The commissioner shall establish and maintain a searchable public website that includes the following information from completed cases involving currency seized by a state, county or city law enforcement agency under federal and state law.
(a) The name of the law enforcement agency that seized the currency;
(b) The amount of currency seized;
(c) The date the law enforcement agency seized the currency;
(d) Whether the suspect was charged with a crime;
(e) The criminal offense alleged to have been committed that led to the currency's seizure;
(f) Whether the criminal offense is under federal or state law;
(g) A description of the case's resolution, such as dropped charges, acquittal, plea agreement, jury conviction or other;
(h) Whether the forfeiture litigation was completed under civil or criminal procedures; and
(i) The date of the return of the currency if the currency was returned to an owner or interest holder, by the seizing law enforcement agency, prosecuting authority or by court order.
(5) The law enforcement agency that seizes property shall update the commissioner's website with the information required under paragraph subsection (2) and (3) of this section at the end of the second month following each seizure of property. The commander of a multijurisdictional taskforce may appoint one (1) agency to report its seizures.
(6) The Department of Public Safety shall adopt rules that are necessary to implement this section.
(7) The Department of Public Safety may recoup its costs under this section by charging a fee to the law enforcement agency filing a report. The court may order that a portion of the forfeiture proceeds be used to pay any fees imposed by the Department of Public Safety.
SECTION 26. Sections 1 through 28 of this act shall be known and may be cited as the "Mississippi Criminal Forfeiture Act of 2016."
SECTION 27. Sections 1 through 28 of this act shall be codified as a new chapter in Title 99, Mississippi Code of 1972.
SECTION 28. Section 41-29-153, Mississippi Code of 1972, is amended as follows:
41-29-153. (a) The following are subject to forfeiture:
(1) All controlled substances which have been manufactured, distributed, dispensed or acquired in violation of this article or in violation of Article 5 of this chapter;
(2) All raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance in violation of this article or in violation of Article 5 of this chapter;
(3) All property which is used, or intended for use, as a container for property described in paragraph (1) or (2) of this subsection;
(4) All conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession or concealment of property described in paragraph (1) or (2) of this subsection, however:
A. No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this article;
B. No conveyance is subject to forfeiture under this section by reason of any act or omission proved by the owner thereof to have been committed or omitted without his knowledge or consent; if the confiscating authority has reason to believe that the conveyance is a leased or rented conveyance, then the confiscating authority shall notify the owner of the conveyance within five (5) days of the confiscation;
C. A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the act or omission;
D. A conveyance is not subject to forfeiture for a violation of Section 41-29-139(c)(2)(A), (B) or (C);
(5) All money, deadly weapons, books, records, and research products and materials, including formulas, microfilm, tapes and data which are used, or intended for use, in violation of this article or in violation of Article 5 of this chapter;
(6) All drug paraphernalia as defined in Section 41-29-105(v); and
(7) Everything of value, including real estate, furnished, or intended to be furnished, in exchange for a controlled substance in violation of this article, all proceeds traceable to such an exchange, and all monies, negotiable instruments, businesses or business investments, securities, and other things of value used, or intended to be used, to facilitate any violation of this article. All monies, coin and currency found in close proximity to forfeitable controlled substances, to forfeitable drug manufacturing or distributing paraphernalia, or to forfeitable records of the importation, manufacture or distribution of controlled substances are presumed to be forfeitable under this paragraph; the burden of proof is upon claimants of the property to rebut this presumption.
A. No property shall be forfeited under the provisions of subsection (a)(7) of this section, to the extent of the interest of an owner, by reason of any act or omission established by him to have been committed or omitted without his knowledge or consent.
B. Neither personal property encumbered by a bona fide security interest nor real estate encumbered by a bona fide mortgage, deed of trust, lien or encumbrance shall be forfeited under the provisions of subsection (a)(7) of this section, to the extent of the interest of the secured party or the interest of the mortgagee, holder of a deed of trust, lien or encumbrance by reason of any act or omission established by him to have been committed or omitted without his knowledge or consent.
(b) Property subject to forfeiture may be seized by the bureau, local law enforcement officers, enforcement officers of the Mississippi Department of Transportation, highway patrolmen, the board, or the State Board of Pharmacy upon process issued by any appropriate court having jurisdiction over the property. Seizure without process may be made if:
(1) The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant;
(2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this article;
(3) The bureau, the board, local law enforcement officers, enforcement officers of the Mississippi Department of Transportation, or highway patrolmen, or the State Board of Pharmacy have probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(4) The bureau, local law enforcement officers, enforcement officers of the Mississippi Department of Transportation, highway patrolmen, the board, or the State Board of Pharmacy have probable cause to believe that the property was used or is intended to be used in violation of this article.
(c) Controlled substances listed in Schedule I of Section 41-29-113 that are possessed, transferred, sold, or offered for sale in violation of this article are contraband and shall be seized and summarily forfeited to the state. Controlled substances listed in the said Schedule I, which are seized or come into the possession of the state, the owners of which are unknown, are contraband and shall be summarily forfeited to the state.
(d) Species of plants from which controlled substances in Schedules I and II of Sections 41-29-113 and 41-29-115 may be derived which have been planted or cultivated in violation of this article, or of which the owners or cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to the state.
(e) The failure, upon demand by the bureau and/or local law enforcement officers, or their authorized agents, or highway patrolmen designated by the bureau, the board, or the State Board of Pharmacy, of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored, to produce an appropriate registration, or proof that he is the holder thereof, constitutes authority for the seizure and forfeiture of the plants.
(f) Any property which is forfeited under this section shall be forfeited in accordance with the procedures established in Sections 1 through 28 of this act.
SECTION 29. Section 41-29-149.1, Mississippi Code of 1972, is amended as follows:
41-29-149.1. (1) This section shall be known as the "Mississippi Medical Emergency Good Samaritan Act."
(2) As used in this section, the following words shall have the meanings ascribed:
(a) "Drug overdose" means an acute condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death, resulting from the consumption or use of a controlled substance or dangerous drug in violation of this chapter or that a layperson would reasonably believe to be resulting from the consumption or use of a controlled substance or dangerous drug for which medical assistance is required.
(b) "Drug violation" means:
(i) A violation of Section 41-29-139 for possession of a controlled substance if the aggregate weight, including any mixture, is less than four (4) grams of a solid substance, less than twenty (20) dosage units, less than one (1) milliliter of liquid substance, or, if the substance is placed onto a secondary medium, has a combined weight of less than four (4) grams;
(ii) A violation of Section 41-29-139 for possession of thirty (30) grams or less of marihuana or synthetic cannabinoids; or
(iii) A violation of Section 41-29-139(d)(2) relating to possession and use of paraphernalia.
(c) "Medical assistance" means aid provided to a person experiencing or believed to be experiencing a drug overdose by a health care professional who is licensed, registered, or certified under the laws of this state and who, acting within the lawful scope of practice, may provide diagnosis, treatment, or emergency services relative to the overdose.
(d) "Seeks medical assistance" means accesses or assists in accessing the E-911 system or otherwise contacts or assists in contacting law enforcement or a poison control center or provides care to a person experiencing or believed to be experiencing a drug overdose while awaiting the arrival of medical assistance to aid the person.
(3) (a) Any person who in good faith seeks medical assistance for someone who is experiencing a drug overdose shall not be arrested, charged, or prosecuted for a drug violation if there is evidence that the person is under the influence of a controlled substance or in possession of a controlled substance as referenced in subsection (2)(b) of this section.
(b) Any person who is experiencing a drug overdose and, in good faith, seeks medical assistance or is the subject of a request for medical assistance shall not be arrested, charged, or prosecuted for a drug violation if there is evidence that the person is under the influence of a controlled substance or in possession of a controlled substance as referenced in subsection (2)(b) of this section.
(c) A person shall also not be subject to, if related to the seeking of medical assistance:
(i) Penalties for a violation of a permanent or temporary protective order or restraining order;
(ii) Sanctions for a violation of a condition of pretrial release, condition of probation, or condition of parole based on a drug violation; or
(iii) Forfeiture
of property pursuant to Section 41-29-153 or * * * Sections 1 through 28
of this act for a drug violation, except that prima facie contraband shall
be subject to forfeiture.
(4) Nothing in this section shall be construed:
(a) To limit the admissibility of any evidence in connection with the investigation or prosecution of a crime with regard to a defendant who does not qualify for the protections of subsection (3) of this section or with regard to other crimes committed by a person who otherwise qualifies for protection pursuant to subsection (3) of this section;
(b) To limit any seizure of evidence or contraband otherwise permitted by law; and
(c) To limit or abridge the authority of a law enforcement officer to detain or take into custody a person in the course of an investigation or to effectuate an arrest for any offense except as provided in subsection (3) of this section.
SECTION 30. Section 41-29-163, Mississippi Code of 1972, is amended as follows:
41-29-163. All final
determinations, findings and conclusions of the board, the bureau or the State
Board of Pharmacy under this article are final and conclusive decisions of the
matters involved. * * * Any person
aggrieved by the decision may obtain review of the decision in the chancery
court.
SECTION 31. Section 97-15-30, Mississippi Code of 1972, is amended as follows:
97-15-30. (1) For purposes of this section the term "commercial purpose" means for the purpose of economic gain.
(2) (a) Except as authorized by law or permit, it is unlawful for any person to throw, scatter, spill or place, or cause to be thrown, scattered, spilled, or placed, or otherwise disposed of, any solid waste in any of the following manners or amounts:
(i) In or on any public highway, road, street, alley or thoroughfare, including any portion of the right-of-way thereof, or any other public lands, except in containers or areas lawfully provided therefor. When any solid waste is thrown or discarded from a motor vehicle, the operator or owner of the motor vehicle, or both, shall be deemed in violation of this section;
(ii) In or on any waters of the state. When any solid waste is thrown or discarded from a vessel, the operator or owner of the boat, or both, shall be deemed in violation of this section; or
(iii) In or on any private property, unless prior written consent of the owner has been given and the solid waste will not cause a public nuisance or be in violation of any other state or local law, rule or regulation;
(iv) Raw human waste from any train, aircraft, motor vehicle or vessel upon the public or private lands or waters of the state.
(b) Nothing in this section shall prohibit acts authorized pursuant to Section 17-17-13.
(3) (a) Any person who violates this section in an amount not exceeding fifteen (15) pounds in weight or twenty-seven (27) cubic feet in volume and not for commercial purposes is guilty of littering and subject to a fine as provided in Section 97-15-29.
(b) Any person who violates this section in an amount exceeding fifteen (15) pounds or twenty-seven (27) cubic feet in volume, but not exceeding five hundred (500) pounds in weight or one hundred (100) cubic feet in volume and not for commercial purposes is guilty of a misdemeanor and subject to a fine of not less than One Hundred Dollars ($100.00), nor more than One Thousand Dollars ($1,000.00), or to imprisonment for a term of not more than one (1) year, or both.
(c) Any person who violates this section in an amount exceeding five hundred (500) pounds in weight or one hundred (100) cubic feet in volume, or in any amount or volume of solid waste for commercial purposes, or in any amount or volume of hazardous waste is guilty of a felony and subject to a fine of not less than Five Hundred Dollars ($500.00), nor more than Fifty Thousand Dollars ($50,000.00) or to imprisonment for a term of not more than five (5) years, or both. For purposes of the fine, each day shall constitute a separate violation.
(d) In addition to any other fines, penalties or injunctive relief prescribed by law, a person convicted under subsections (3)(b) or (3)(c) of this section shall:
(i) Remove or render harmless, in accordance with written direction from the Department of Environmental Quality, the unlawfully discarded solid waste;
(ii) Repair or restore property damaged by, or pay damages for any damage arising out of the unlawfully discarded solid waste;
(iii) Perform community public service relating to the removal of any unlawfully discarded solid waste or to the restoration of an area polluted by unlawfully discarded solid waste; and
(iv) Pay all reasonable investigative and prosecutorial expenses and costs to the investigative and/or prosecutorial agency or agencies.
(e) If a conviction under subsection (3) of this section is for a violation committed after a first conviction of that person under this section, the maximum punishment under the respective paragraphs shall be doubled with respect to both fine and imprisonment.
(4) A court may enjoin a violation of subsection (2) of this section.
(5) Any motor vehicle,
vessel, aircraft, container, crane, winch, or machine used in a felony
violation of this section may be seized with process or without process if a
law enforcement officer has probable cause to believe that the property was
used in violation of that section. The seized property shall be subject to * * * forfeiture by
the same standards and procedures provided under Sections * * *
1 through 28 of this act.
(6) In the criminal trial of any person charged with violating subsection (2) of this section, the defendant must affirmatively show that he had authority to discard the solid waste.
(7) Any person who conspires to commit a violation of this section shall be punished in accordance with the underlying offense set forth in this section.
(8) It shall be the duty of all law enforcement officers to enforce the provisions of this chapter.
(9) All prosecutions for felony violations of this section shall be instituted only by the Attorney General, his designee, the district attorney of the district in which the violation occurred or his designee and shall be conducted in the name of the people of the State of Mississippi. In the prosecution of any criminal proceeding under this section by the Attorney General, or his designee, and in any proceeding before a grand jury in connection therewith, the Attorney General or his designee shall exercise all the powers and perform all the duties which the district attorney would otherwise be authorized or required to exercise or perform. The Attorney General shall have the authority to issue and serve subpoenas for any felony violation in the same manner as prescribed under Section 7-5-59.
(10) Jurisdiction for all felony violations shall be in the circuit court of the county in which the violation occurred.
(11) Nothing in this section shall limit the authority of the department to enforce the provisions of the Solid Waste Disposal Law or shall limit the authority of any state or local agency to enforce any other laws, rules or ordinances.
(12) The Department of Transportation may erect warning signs along the roads and highways of this state advising the public of the existence of these sections and of the penalty for the violation thereof.
(13) This section shall not prohibit the storage of ties poles, other materials and machinery by a railroad or a public utility on its right-of-way. This section does not apply to any vehicle transporting agricultural products or supplies when the solid waste from that vehicle is a nontoxic, biodegradable agricultural product or supply.
(14) The Attorney General may pay an award, not to exceed Ten Thousand Dollars ($10,000.00) to any person who furnishes information or services that lead to a felony criminal conviction for any violation of this section. The payment shall be subject to available appropriations for those purposes as provided in annual appropriation acts. Any officer or employee of the United States or any state or local government who furnishes information or renders service in the performance of an official duty is ineligible for payment under this subsection.
SECTION 32. Section 27-3-4, Mississippi Code of 1972, is amended as follows:
27-3-4. (1) Except for the duties and powers devolved upon the Board of Tax Appeals by Section 27-4-3, the Commissioner of Revenue acting through the Department of Revenue shall on and after July 1, 2010, exercise those powers, duties and functions heretofore vested in the Mississippi State Tax Commission, the State Tax Commission, the Tax Commission, the Commissioner of Revenue, the Chairman of the Mississippi State Tax Commission, the Chairman of the State Tax Commission and/or the Chairman of the Tax Commission.
(2) Except for those minutes, orders and records of the three-member State Tax Commission which are in the possession of the Secretary of the State Tax Commission and any other property which is transferred from the State Tax Commission to the Board of Tax Appeals, all files, documents, records, property, tangible and intangible, data and funds belonging to and/or in the possession of the State Tax Commission immediately prior to July 1, 2010, shall pass to the Department of Revenue on July 1, 2010, without the need of the execution of any documents. In regard to such files, documents, records, property, data and funds, the creation of the Department of Revenue on July 1, 2010, shall be treated as only a change in the name of the entity owning or possessing such files, documents, records, property, data and funds from that of the State Tax Commission to the Commissioner of Revenue of the Department of Revenue with ownership, possession and custody remaining in the same entity.
(3) In regard to any action taken by the Chairman of the State Tax Commission and/or by the State Tax Commission prior to July 1, 2010, the creation of the Department of Revenue and the transfer of powers, duties and functions to the Commissioner of Revenue of the Department of Revenue from the Chairman of the State Tax Commission and from the State Tax Commission as set out in subsection (1) of this section shall be treated as only a change in the name of the entity taking such action from the Chairman of the State Tax Commission to the Commissioner of Revenue of the Department of Revenue or from the State Tax Commission to the Department of Revenue, and the Commissioner of Revenue acting through the Department of Revenue shall succeed to any right, duty or obligation as the result of such action and shall be treated as the same entity that took such action without the execution and/or filing of any document. Any action taken by the Commissioner of Revenue, including those taken by and through the Department of Revenue, after July 1, 2010, in regard to any interest, right, duty or obligation arising from the actions of the Chairman of the State Tax Commission and/or the State Tax Commission prior to July 1, 2010, shall be taken in the name of the Commissioner of Revenue of the Department of Revenue or in the name of the Department of Revenue and be treated as an action by the official or entity which originally took the action that gave rise to such interest, right, duty or obligation, including, but not limited to, any interest, right or obligation arising from the execution or performance of a contract or agreement, the issuance of a tax assessment, the issuance of a tax lien, the issuance and execution of a distress warrant and the issuance of a notice to extend the time period for issuing a tax assessment.
(4) In regard to the promulgation and adoption of any rule or regulation by the State Tax Commission and/or the Chairman of the State Tax Commission prior to July 1, 2010, the creation of the Department of Revenue and the transfer of powers, duties and functions to the Commissioner of Revenue of the Department of Revenue from the State Tax Commission and Chairman of the State Tax Commission as set out in subsection (1) of this section shall be treated as only a change in the name of the official or agency that adopted and promulgated such rules and regulations from the Chairman of the State Tax Commission or the State Tax Commission to the Commissioner of Revenue of the Department of Revenue, and after July 1, 2010, the Commissioner of Revenue of the Department of Revenue is authorized and empowered to enforce such rules or regulations as the official or agency that originally adopted and promulgated such rules and regulations without having to readopt or re-promulgate such rules and regulations. In such rules and regulations, after July 1, 2010, any reference to Mississippi State Tax Commission, the State Tax Commission, the Tax Commission and/or commission shall mean Department of Revenue and any reference to the Commissioner of Revenue, the Chairman of the Mississippi State Tax Commission, the Chairman of the State Tax Commission, the Chairman of the Tax Commission and/or chairman shall mean Commissioner of Revenue of the Department of Revenue.
(5) The terms
"Mississippi State Tax Commission," "State Tax Commission,"
"Tax Commission" and "commission" appearing in the laws of
this state in connection with the performance of the duties and functions by
the Mississippi State Tax Commission, the State Tax Commission or Tax
Commission shall mean the Department of Revenue, and, more particularly, such
words or terms shall mean the Department of Revenue whenever they appear in
Sections 7-5-25, 7-7-49, 9-21-51, 11-51-77, 13-3-157, 13-3-169, 17-17-53, 17-17-219,
17-17-327, 17-17-415, 17-17-423, 19-2-11, 19-5-357, 19-9-151, 21-29-229, 21-29-233,
21-33-3, 21-33-5, 21-33-9, 21-33-13, 21-33-43, 21-33-45, 21-33-47, 21-33-205,
21-33-207, 21-33-209, 21-45-21, 25-1-73, 25-1-87, 25-3-1, 25-3-3, 25-3-15, 25-15-9,
25-17-9, 25-53-151, 25-55-15, 25-58-21, 25-60-1, 25-65-5, 25-65-7, 27-5-101, 27-5-103,
27-5-155, 27-5-159, 27-7-901, 27-7-903, 27-8-19, 27-17-423, 27-19-11, 27-19-27,
27-19-31, 27-19-39, 27-19-40, 27-19-41, 27-21-7, 27-21-19, 27-31-1, 27-31-31,
27-31-37, 27-31-38, 27-31-87, 27-31-101, 27-31-107, 27-31-109, 27-31-113, 27-35-15,
27-35-17, 27-35-19, 27-35-23, 27-35-25, 27-35-35, 27-35-50, 27-35-55, 27-35-75,
27-35-77, 27-35-81, 27-35-97, 27-35-111, 27-35-119, 27-35-123, 27-35-127, 27-35-131,
27-35-133, 27-35-135, 27-35-141, 27-35-143, 27-35-145, 27-35-147, 27-35-165, 27-35-167,
27-35-301, 27-35-303, 27-35-305, 27-35-307, 27-35-310, 27-35-313, 27-35-321, 27-35-327,
27-35-337, 27-35-509, 27-35-511, 27-35-513, 27-35-515, 27-35-519, 27-35-525, 27-35-527,
27-35-531, 27-37-19, 27-37-21, 27-37-23, 27-37-27, 27-37-29, 27-37-31, 27-37-301,
27-37-303, 27-38-5, 27-38-7, 27-39-317, 27-39-319, 27-39-325, 27-39-329, 27-41-21,
27-41-37, 27-41-101, 27-45-21, 27-51-13, 27-51-15, 27-51-17, 27-51-21, 27-71-501,
27-71-503, 27-71-507, 27-73-9, 27-75-16, 27-103-209, 27-103-211, 27-104-13, 27-104-17,
27-107-75, 27-107-95, 27-107-115, 27-107-135, 27-107-157, 27-107-205, 27-107-321,
29-1-125, 29-1-127, 29-1-129, 29-5-77, 31-1-1, 31-3-21, 31-17-3, 31-19-29, 31-25-27,
31-25-28, 31-31-11, 37-7-301, 37-107-3, 41-3-16, * * *
43-1-23, 43-13-121, 43-13-145, 43-13-303, 43-19-46, 45-3-21, 45-11-5, * * * 49-15-36,
49-15-64, 49-15-201, * * *
49-17-65, 49-17-67, 49-17-69, 49-17-70, 49-17-83, 49-17-87, 49-17-407, 49-31-5,
51-15-129, 57-1-257, 57-1-363, 57-4-13, 57-10-409, 57-10-411, 57-10-413, 57-13-23,
57-26-3, 57-28-3, 57-30-3, 57-39-205, 57-43-11, 57-61-15, 57-62-3, 57-62-9, 57-62-11,
57-62-13, 57-62-15, 57-67-17, 57-73-21, 57-73-23, 57-73-25, 57-73-27, 57-75-17,
57-80-9, 57-89-7, 57-91-9, 57-99-3, 57-99-7, 57-99-9, 57-101-1, 57-101-3, 57-105-1,
61-15-1, 61-15-7, 61-15-9, 61-15-13, 63-2-5, 63-5-34, 63-5-39, 63-7-61, 63-7-87,
63-7-311, * * * 63-17-76, 63-23-7, 63-25-9, 65-1-46, 65-26-23,
65-26-17, 65-26-19, 65-39-35, 67-9-1, 69-9-13, 69-10-13, 69-29-1, 69-44-11, 69-48-13,
71-5-359, 71-5-389, 71-11-3, 75-24-209, 75-57-119, 75-79-7, 75-85-9, 77-3-87,
77-7-47, 77-9-483, 77-9-493, 77-11-201, 79-4-14.22, 79-4-15.32, 79-11-351, 79-15-125,
79-16-23, 83-1-13, 83-1-27, 83-1-29, 83-1-31, 83-1-37, 83-1-39, 83-5-215, 83-31-45,
83-34-39, 83-47-9, 83-49-45, 91-7-283, 93-11-153, 97-3-111, 97-17-4, 97-32-5,
97-33-73, 97-43-11, 99-27-39 and 99-27-41.
(6) The terms "Chairman of the Mississippi State Tax Commission," "Chairman of the State Tax Commission," "Chairman of the Tax Commission" and "chairman" appearing in the laws of this state in connection with the performance of the duties and functions by the Chairman of the Mississippi State Tax Commission, the Chairman of the State Tax Commission or the Chairman of the Tax Commission shall mean the Commissioner of Revenue of the Department of Revenue, and, more particularly, such words or terms shall mean the Commissioner of Revenue of the Department of Revenue whenever they appear in Sections 7-5-25, 13-3-157, 13-3-169, 21-33-205, 21-33-207, 21-33-209, 25-53-151, 25-60-1, 27-31-31, 27-41-69, 27-75-16, 31-17-3, 31-19-29, 57-62-9, 57-73-21, 65-1-46 and 75-57-2.
SECTION 33. Section 49-7-103, Mississippi Code of 1972, is amended as follows:
49-7-103. The following
property is subject to forfeiture: any firearm, equipment, appliance,
conveyance or other property used directly or indirectly in the hunting or
catching or capturing or killing of deer at night with any headlight, lighting
device or light amplifying device, or in fishing for, or killing or capturing
fish by using a telephone, magneto, battery, or any other electrically operated
device including but not limited to any all-terrain vehicle, trailer, boat,
outboard motor, airplane, net, light, battery, magneto, wires, telephone
device, or any other device or contrivance or other vehicle, or which may be
used in the transportation of any dead or live deer taken, captured, or killed
at night with or by means of a headlight, lighting device or light amplifying
device, or any dead or live fish killed, stunned, captured, or taken by using a
telephone, battery, magneto, or any other electrically operated device. No
motor vehicle that is of the type required to be titled under the Mississippi
Motor Vehicle Title Law is subject to forfeiture. Property subject to
forfeiture shall be seized by any employee of the department or other officer
of the law including any sheriff or deputy sheriff. Upon the seizure of such
property proceedings shall be instituted pursuant to Sections * * *
1 through 28 of this act.
SECTION 34. Section 49-15-21, Mississippi Code of 1972, is amended as follows:
49-15-21. (1) The executive director shall appoint the necessary enforcement officers for the administration of this chapter. The salary of all enforcement officers employed shall be as determined by the State Personnel Board. However, the members of the Enforcement Officers' Reserve Unit created in subsection (4) shall serve without pay, and shall not be employees of the State of Mississippi for purposes of the State Personnel System, the Workers' Compensation Law, the Public Employees' Retirement System or the State Employees Life and Health Insurance Plan.
(2) All enforcement officers shall be experienced and qualified persons thoroughly familiar with the seafood business and shall be at least twenty-one (21) years of age and be a high school graduate or its equivalent. The enforcement officers shall diligently enforce all laws and regulations for the protection, propagation, preservation or conservation of all saltwater aquatic life of the State of Mississippi, and they are hereby constituted peace officers of the State of Mississippi, with full police power and jurisdiction to enforce all laws of the State of Mississippi and all regulations adopted and promulgated by the commission. Enforcement officers may exercise such powers in any county of the State of Mississippi and on any waters of the state, and they are hereby authorized to carry firearms or other weapons, concealed or otherwise, and they shall investigate all persons, corporations and otherwise who are alleged to have violated any laws, and make affidavits, arrests and serve papers of any court of competent jurisdiction, in like manner as is provided for sheriffs and deputy sheriffs, when the same shall be in connection with the enforcement of the seafood laws of the State of Mississippi and such other laws and regulations of this state as the commission may designate. The enforcement officers may seize at any time aquatic life caught, taken or transported in a manner contrary to the laws of this state, and may confiscate and dispose of the same. Any net or other paraphernalia used or employed in connection with a violation may be seized, and forfeiture proceedings may be instituted in accordance with Sections 1 through 28 of this act. Enforcement officers may draft the aid of captains, crews and boats or licensed vessels to enforce this chapter and may, without warrant, board and search vessels or vehicles. The application for any license or permit from the commission to catch, fish, take, transport or handle or process any form of aquatic life, or the taking, catching, transporting or handling or processing of any and all aquatic life in this state shall constitute acquiescence and agreement upon the part of the owners, captains and crews, employers and dealers to the provisions of this chapter and the agreement that enforcement officers may exercise the authority granted under the provisions hereof.
(3) Prior to entering into performance of their duties or delegations or as soon after appointment as possible, each enforcement officer, at the expense of the commission, shall attend and complete an appropriate curriculum in the field of law enforcement at the Mississippi Law Enforcement Officers' Training Academy or other law enforcement training program approved under Section 45-6-7. However, members of the Enforcement Officers' Reserve Unit created in subsection (4) of this section may attend the Mississippi Law Enforcement Officers' Training Academy at the expense of the commission if it deems the training necessary or desirable. No enforcement officer shall be entitled to payment of salary after the first six (6) months in office if he has either failed to attend the academy or has failed to comply with other qualifications or successfully complete any law enforcement qualification examinations as the director deems necessary. The enforcement officers shall, on a periodic basis, be required to attend additional advanced courses in law enforcement in order that they will be properly improved and trained in the modern, technical advances of law enforcement.
(4) (a) There is hereby created an Enforcement Officers' Reserve Unit, hereinafter termed "the reserve," to assist the enforcement officers in the performance of their duties under this chapter. The reserve shall consist of volunteers who are approved by the Executive Director of the Department of Marine Resources or his designee. The members of the reserve shall serve without pay. Reserve officers shall be in such numbers as determined by the enforcement needs, with the maximum strength of reserve officers limited to the same number as enforcement officers.
(b) To be eligible for membership in the reserve, an applicant must be twenty-one (21) years of age, be a high school graduate or its equivalent, be in good physical condition, have a Mississippi driver's license, be in good standing with the community, be available for training and duty, not be a member of any police, auxiliary police, civil defense, or private security agency, have never been convicted of a felony, and have one (1) of the following:
(i) An honorable discharge or honorable separation certificate from one (1) of the United States military services;
(ii) Three (3) years of responsible post-high school work experience that required the ability to deal effectively with individuals and groups of persons;
(iii) Successful completion of sixty (60) semester hours at an accredited college or university; or
(iv) The qualifications as are outlined in this section for enforcement officers.
Members of the immediate family of enforcement officers shall not be eligible for the reserve unless a special waiver is granted.
Upon acceptance into the reserve, members shall receive a temporary appointment for one (1) year. During this year of temporary status, members must successfully complete the required training and must qualify on the same firearms course as enforcement officers.
(c) The reserve shall be under the leadership and direction of the executive director or his designee. The training of the reserve shall be conducted by an enforcement officer. The reserve shall meet at least once each month for the purpose of training and transacting any business as may come before it. The executive director shall be notified in writing of all meetings of the reserve and the time and place of the meetings shall be recorded with the executive director. The executive director shall prepare a reserve officer's manual with the advice and consent of the commission. The manual shall include, but is not limited to, the following: activities and operations, training, administration and duties. During active service, the reserve shall be under the direction of the executive director or his designated representative. When a reserve officer is on active duty and assigned to a specific enforcement officer, he shall be under the direct supervision of that officer. Reserve officers serve at the discretion of the executive director and may be dismissed by him. Reserve officers shall furnish their own uniforms and other personal equipment if the executive director does not provide such items.
(d) The executive director may require members of the Enforcement Officers' Reserve Unit to attend officer reserve training programs conducted by county or municipal agencies.
(e) The executive director may issue uniforms to such reserve officers and may authorize the issuance of any state equipment necessary for the reserve officers to adequately assist law enforcement officers. The executive director may develop a reserve officer identification system to accomplish the issuance of such items in accordance with the State Auditor guidelines.
(f) If the executive director determines that a member of the Enforcement Officers' Reserve Unit may attend a training program as authorized under this section, it shall require that reserve officer to sign an agreement, prior to attending a training program, which shall stipulate that if the reserve officer accepts employment from any other public or private law enforcement agency within three (3) years after completion of his training program, the reserve officer or the respective hiring law enforcement agency shall reimburse the department for the total cost of his training program. By October 1 of each year, the department shall provide the Conservation and Water Resources Committee of the Mississippi House of Representatives and the Ports and Marine Resources Committee of the Mississippi Senate a listing which contains each name and the respective cost of training each reserve officer received during the previous year.
SECTION 35. Section 49-15-64, Mississippi Code of 1972, is amended as follows:
49-15-64. Any operator, firm or corporation engaged in commercial shrimping during the closed season shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00).
Upon an arrest for a
violation of this section, catch and nets may be confiscated. Any catch may be
sold by the law enforcement agency making the arrest at the average wholesale
price being paid for shrimp. The monies derived from the sale shall be held in
escrow pending disposition of the charge. If a conviction is obtained, the
monies held in escrow shall be forfeited. The monies so forfeited shall be
paid to the department, to be paid into the seafood fund. If the operator,
firm or corporation is acquitted of the charge or if the charge is dismissed,
then the monies obtained from the sale shall be paid to the proper operator,
firm or corporation. Forfeiture of confiscated nets and paraphernalia shall be
instituted under Sections * * *
1 through 28 of this act. If the person in possession of or using the
nets in the violation is not the owner or licensee of the nets, the department
shall notify the owner or licensee of the nets. The nets shall be subject to
forfeiture unless the nets were stolen and prosecution for the theft is
initiated.
The commission may issue special permits for the purpose of catching shrimp prior to the official opening of shrimp season, to those nonprofit organizations that are tax exempt under Section 501(c) of the United States Internal Revenue Code and which have on file with the State Tax Commission a tax exemption letter issued by the United States Internal Revenue Service. However, until January 1, 1992, the requirement that a nonprofit organization have on file with the State Tax Commission a tax exemption letter issued by the United States Internal Revenue Service shall be considered as having been met if the organization has actually made application for such exemption and has on file with the State Tax Commission a copy of its application.
The commission shall promulgate rules and regulations governing the taking of shrimp by the nonprofit organization and shall issue such regulations to all organizations upon request and at the issuance of the special permit.
SECTION 36. Section 59-21-33, Mississippi Code of 1972, is amended as follows:
59-21-33. All vessels,
outboard motors, boats and trailers having awarded numbers or identification
numbers or marks which have been removed, changed, mutilated or defaced
contrary to this chapter are subject to forfeiture. Any such property shall be
seized by any conservation officer or enforcement officer of the Department of
Wildlife, Fisheries and Parks, or other officer of the law including any
sheriff or deputy sheriff. Upon the seizure of such property, forfeiture
proceedings shall be instituted pursuant to Sections * * *
1 through 28 of this act. Provided, however, that any such property
which has previously been registered or titled within the State of Mississippi
is not subject to forfeiture if the application for registration or title
contained no false or fraudulent information, or if the property seized has a
value less than One Thousand Dollars ($1,000.00).
SECTION 37. Section 49-33-7, Mississippi Code of 1972, is amended as follows:
49-33-7. For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section:
(a) "Act" shall mean the Mississippi Agricultural and Forestry Activity Act.
(b) "Forest or agricultural land" means any land in the state devoted to the growing of trees or the commercial production of agricultural products or timber, wood or forest products including nongame species where the land is classified by the county as forest, agricultural or open land and being used as forest or agricultural land in the performance of forestry or agricultural activities.
(c) "Forestry activities" means any activity on forest land associated with the reforesting, growing, managing, protecting and harvesting of timber, wood and forest products including nongame species.
(d) "Agricultural activities" means any activities included under Section 27-35-50(4) as agricultural purposes.
(e) "Inverse condemnation" means any action by the State of Mississippi that prohibits or severely limits the right of an owner to conduct forestry or agricultural activities on forest or agricultural land. Inverse condemnation shall not include an action by the state that is:
(i) A taking as defined in paragraph (l) of this section;
(ii) A result of police power to prohibit activities that are noxious in fact or are harmful to the public health and safety; or
(iii) An order issued as a result of a violation of state law; or
(iv) An action as
prescribed by the Mississippi Commission on Wildlife, Fisheries and Parks as
set forth in Sections 49-7-1 through 49-7- * * * 203 or concerning the closing or
shortening of open seasons as set forth in Section 49-1-29(a).
(f) "Noxious in fact" means an activity that constitutes a public nuisance under common law.
(g) "Owner" means the holder of legal or equitable title to:
(i) Forest or agricultural land or timber, wood or forest products, including the management of nongame species thereon; or
(ii) Personal property rights associated with conducting forestry or agricultural activities on forest or agricultural land.
(h) "Prohibits or severely limits" means to reduce the fair market value of forest or agricultural land (or any part or parcel thereof) or timber, wood or forest products including nongame species (or any part or parcel thereof) or personal property rights associated with conducting forestry or agricultural activities on the forest or agricultural land by more than forty percent (40%) of their value before the action.
(i) "Public health and safety" means actions by the State of Mississippi based upon its police powers. Public health and safety actions prohibiting or severely restricting forestry or agricultural activities shall be:
(i) Taken only in response to real and substantial threats to public health and safety;
(ii) Designated to significantly advance the health and safety purpose; and
(iii) No greater than necessary to achieve the health and safety purpose.
(j) "State of Mississippi" or "state" means the State of Mississippi, any county, municipality or any political subdivision thereof.
(k) "State law" means any statute, rule, regulation, ordinance, resolution or similar action by the State of Mississippi validly existing and as interpreted on October 1, 1994. State law shall not include:
(i) Any judicial or executive interpretation of a state law after October 1, 1994, that prohibits or severely limits the conducting of forestry or agricultural activities that were not prohibited or severely limited before October 1, 1994; or
(ii) Any legislative amendment, interpretation or enactment by the state after October 1, 1994, that prohibits or severely limits the conducting of forestry or agricultural activities (except such actions that are the result of police power to prohibit activities that are noxious in fact or are harmful to the public health and safety).
(l) "Taking" means any action by the State of Mississippi under the Fifth Amendment to the United States Constitution, the Fourteenth Amendment to the United States Constitution, or Article III, Section 17 of the Mississippi Constitution where the owner is entitled to compensation for the fair market value of the owner's property or some part thereof (or required to forfeit the property in accordance with state forfeiture laws). Taking shall include the formal exercise of the power of eminent domain, the seizure or forfeiture of property for violations of law or as evidence in criminal proceedings or the issuance of orders authorized by statute or issued by a state agency or court of law for violations of state law. Taking shall not include the repealing of any state action that lessens interference with the conduct of forestry or agricultural activities.
(m) "Personal property" means any interest acquired by deed, lease, contract or agreement in standing or severed timber, wood or forest products.
SECTION 38. Section 97-43-9, Mississippi Code of 1972, is amended as follows:
97-43-9. (1) Any circuit court may, after making due provision for the rights of innocent persons, enjoin violations of the provisions of this chapter by issuing appropriate orders and judgments, including, but not limited to:
(a) Ordering any defendant to divest himself of any interest in any enterprise, including real property.
(b) Imposing reasonable restrictions upon the future activities or investments of any defendant, including, but not limited to, prohibiting any defendant from engaging in the same type of endeavor as the enterprise in which he was engaged in violation of the provisions of this chapter.
(c) Ordering the dissolution or reorganization of any enterprise.
(d) Ordering the suspension or revocation of a license or permit granted to any enterprise by any agency of the state.
(e) Ordering the forfeiture of the charter of a corporation organized under the laws of the state, or the revocation of a certificate authorizing a foreign corporation to conduct business within the state, upon finding that the board of directors or a managerial agent acting on behalf of the corporation, in conducting the affairs of the corporation, has authorized or engaged in conduct in violation of this chapter and that, for the prevention of future criminal activity, the public interest requires the charter of the corporation forfeited and the corporation dissolved or the certificate revoked.
(2) All property, real or
personal, including money, used in the course of, intended for use in the
course of, derived from, or realized through, conduct in violation of a
provision of this chapter is subject to civil forfeiture to the state pursuant
to the provisions of Sections * * * 1 through 28 of this
act * * *.
* * *
( * * *3) The Attorney General, any district
attorney or any state agency having jurisdiction over conduct in violation of a
provision of this chapter may institute civil proceedings under this section.
In any action brought under this section, the circuit court shall proceed as
soon as practicable to the hearing and determination. Pending final
determination, the circuit court may at any time enter such injunctions or
restraining orders, or take such actions, including the acceptance of
satisfactory performance bonds, as the court may deem proper.
( * * *4) Any aggrieved person may institute
a civil proceeding under subsection (1) of this section against any person or
enterprise convicted of engaging in activity in violation of this chapter. In
such proceeding, relief shall be granted in conformity with the principles that
govern the granting of injunctive relief from threatened loss or damage in
other civil cases, except that no showing of immediate and irreparable injury,
loss or damage to the person shall have to be made.
( * * *5) Any person who is injured by reason
of any violation of the provisions of this chapter shall have a cause of action
against any person or enterprise convicted of engaging in activity in violation
of this chapter for threefold the actual damages sustained and, when
appropriate, punitive damages. Such person shall also recover attorney's * * * fees in the trial and appellate courts and
costs of investigation and litigation, reasonably incurred.
(a) The defendant or any injured person may demand a trial by jury in any civil action brought pursuant to this subsection.
(b) Any injured person shall have a right or claim to forfeited property or to the proceeds derived therefrom superior to any right or claim the state has in the same property or proceeds.
( * * *6) The Attorney General may, upon
timely application, intervene in any civil action or proceeding brought under
subsections (5) or (6) of this section if he certifies that, in his opinion,
the action or proceeding is of general public importance. In such action or
proceeding, the state shall be entitled to the same relief as if the Attorney
General instituted the action or proceeding.
( * * *7) Notwithstanding any other provision
of law, a criminal or civil action or proceeding under this chapter may be
commenced at any time within five (5) years after the conduct in violation of a
provision of this chapter terminates or the cause of action accrues. If a
criminal prosecution or civil action or other proceeding is brought, or
intervened in, to punish, prevent or restrain any violation of the provisions
of this chapter, the running of the period of limitations prescribed by this
section with respect to any cause of action arising under subsections (5) or
(6) of this section which is based, in whole or in part, upon any
matter complained of in any such prosecution, action or proceeding shall be
suspended during the pendency of such prosecution, action or proceeding and for
two (2) years following its termination.
( * * *8) The application of one (1) civil
remedy under any provision of this chapter shall not preclude the application
of any other remedy, civil or criminal, under this chapter or any other
provision of law. Civil remedies under this chapter are supplemental.
SECTION 39. Section 97-23-107, Mississippi Code of 1972, is amended as follows:
97-23-107. (1) A person commits the offense of residential mortgage fraud when, with the intent to defraud such person, he:
(a) Knowingly makes any deliberate misstatement, misrepresentation or omission during the mortgage lending process with the intention that it be relied on by a licensed mortgage broker or mortgage lender, borrower or any other party to the mortgage lending process;
(b) Knowingly uses or facilitates the use of any deliberate misstatement, misrepresentation or omission, knowing the same to contain a misstatement, misrepresentation or omission, during the mortgage lending process with the intention that it be relied on by a company, borrower, or any other party to the mortgage lending process;
(c) Receives any proceeds or any other funds in connection with a residential mortgage closing that such person knew resulted from a violation of paragraph (a) or (b) of this subsection;
(d) Conspires to violate any of the provisions of paragraph (a), (b) or (c) of this subsection; or
(e) Files or causes to be filed with the chancery clerk of any county of this state any deed of trust such person knows to contain a deliberate misstatement, misrepresentation or omission.
(2) An offense of residential mortgage fraud shall not be predicated solely upon information lawfully disclosed under federal disclosure laws, regulations and interpretations related to the mortgage lending process.
(3) For the purposes of venue under this section, any violation of this section shall be considered to have been committed:
(a) In the county in which the residential property for which a mortgage loan is being sought is located;
(b) In any county in which any act was performed in furtherance of this violation;
(c) In any county in which any person alleged to have violated this chapter had control or possession of any proceeds of this violation;
(d) If a closing occurred, in any county in which the closing occurred; or
(e) In any county in which a document containing a deliberate misstatement, misrepresentation or omission is filed with the chancery clerk.
(4) District attorneys and the Attorney General shall have the authority to conduct the criminal investigation of all cases of residential mortgage fraud under this section.
(5) (a) Any person violating this section shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one (1) year nor more than ten (10) years, by a fine not to exceed Five Thousand Dollars ($5,000.00), or both.
(b) If a violation of this section involves engaging or participating in a pattern of residential mortgage fraud or a conspiracy or endeavor to engage or participate in a pattern of residential mortgage fraud, the violation shall be punishable by imprisonment for not less than three (3) years nor more than twenty (20) years, by a fine not to exceed One Hundred Thousand Dollars ($100,000.00), or both.
(c) Each residential property transaction subject to a violation of this section shall constitute a separate offense and shall not merge with any other crimes set forth in this section.
(6) All real and personal
property of every kind used or intended for use in the course of, derived from,
or realized through a violation of this section shall be subject to forfeiture
to the state. Forfeiture shall be had by the same procedure as outlined in
Sections * * * 1 through 28 of this act. District
attorneys and the Attorney General may commence forfeiture proceedings under
this section.
(7) For purposes of this section, the term "pattern of residential mortgage fraud" means one or more violations of subsection (1) of this section that involve two (2) or more residential properties which have the same or similar intents, results, accomplices, victims or methods of commission or otherwise are interrelated by distinguishing characteristics.
SECTION 40. Section 97-3-110, Mississippi Code of 1972, is amended as follows:
97-3-110. (1) Whenever a person under eighteen (18) years of age is unlawfully in possession of a firearm, the firearm shall be seized and, after an adjudication of delinquency or conviction, shall be subject to forfeiture in accordance with the provisions of Sections 1 through 28 of this act.
(2) Whenever a person under
eighteen (18) years of age unlawfully discharges a firearm in or throws or
ejects a bomb from a motor vehicle in violation of Section 97-3-109, * * * the motor vehicle
shall be subject to seizure and, after an adjudication of delinquency or
conviction, be subject to forfeiture pursuant to the procedures set forth in * * *
Sections 1 through 28 of this act.
SECTION 41. Section 97-3-111, Mississippi Code of 1972, is amended as follows:
97-3-111. (1) All vehicles which are used in any manner to facilitate the discharging of a firearm or the throwing or ejection of a bomb or explosive device in violation of Section 97-3-109 shall be subject to forfeiture, however:
(a) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of Section 97-3-109 and this section;
(b) No conveyance is subject to forfeiture under this section by reason of any act or omission proved by the owner thereof to have been committed or omitted without his knowledge or consent; if the confiscating authority has reason to believe that the conveyance is a leased or rented conveyance, then the confiscating authority shall notify the owner of the conveyance within five (5) days of the confiscation;
(c) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the act or omission.
(2) * * *
When any property is seized pursuant to subsection (1),
proceedings under this section shall be instituted * * * in accordance with Sections 1
through 28 of this act.
* * *
SECTION 42. Section 67-1-17, Mississippi Code of 1972, is amended as follows:
67-1-17. (1) It shall be
unlawful for any person to have or possess either alcoholic beverages or
personal property intended for use in violating the provisions of this chapter,
or regulations prescribed under this chapter, or Chapter 31 of Title 97,
Mississippi Code of 1972. * * * All such personal property and
alcoholic beverages shall be considered contraband and shall be seized and
forfeited to the State of Mississippi in accordance with Sections 1 through
28 of this act.
(2) The following are subject to forfeiture:
(a) All alcoholic beverages which have been manufactured, distilled, distributed, dispensed or acquired in violation of this chapter or Chapter 31 of Title 97, Mississippi Code of 1972;
(b) All raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing or exporting any alcoholic beverage in violation of this chapter or Chapter 31 of Title 97, Mississippi Code of 1972;
(c) All property which is used, or intended for use, as a container for property described in items (a) or (b) of this subsection;
(d) All conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, for the purpose of sale or receipt, possession or concealment, of property described in item (a) of this subsection which is in excess of six (6) gallons or of property described in item (b) of this subsection; however,
(i) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter or Chapter 31 of Title 97, Mississippi Code of 1972;
(ii) No conveyance is subject to forfeiture under this section by reason of any act or omission proved by the owner thereof to have been committed or omitted without his knowledge or consent; if the confiscating authority has reason to believe that the conveyance is a leased or rented conveyance, then the confiscating authority shall notify the owner of the conveyance within five (5) days of the confiscation; and
* * *
(e) All money, deadly weapons, books, records and research products and materials, including formulas, microfilm, tapes and data which are used, or intended for use, in violation of this chapter or Chapter 31 of Title 97, Mississippi Code of 1972.
(3) Property subject to
forfeiture may be seized by the Alcoholic Beverage Control Division and its
agents, local law enforcement officers, Mississippi Highway Patrol officers and
other law enforcement personnel charged by Section 67-1-91, with enforcing the
provisions of this chapter * * *
in accordance with Sections 1 through 28 of this act.
* * *
SECTION 43. Section 67-1-93, Mississippi Code of 1972, is amended as follows:
67-1-93. (1) * * *
When any property, other than an alcoholic beverage or raw material, is seized
under this chapter or Chapter 31 of Title 97, Mississippi Code of 1972,
proceedings * * * for forfeiture shall be
instituted in accordance with Sections 1 through 28 of this act.
* * *
SECTION 44. Section 63-11-49, Mississippi Code of 1972, is amended as follows:
63-11-49. * * * When a vehicle is seized under Section 63-11-30(2)(c)
or (d), the arresting officer shall impound the vehicle and the vehicle shall
be held as evidence until a court of competent jurisdiction makes a final
disposition of the case and the vehicle may be forfeited * * * in accordance with the procedures provided in
Sections 1 through 28 of this act upon final disposition as provided in
Section 63-11-30(2)(c).
* * *
SECTION 45. Section 63-7-103, Mississippi Code of 1972, is amended as follows:
63-7-103. (1) This section shall be known and may be cited as the "Trooper Steve Hood Act: The Nitrous Oxide Prohibition Act."
(2) For the purposes of this section:
(a) "Motor vehicle" has the meaning ascribed in Section 27-19-3; however, the term "motor vehicle" does not include any vehicle with a gross vehicle or combination weight greater than ten thousand (10,000) pounds.
(b) "Motorcycle" has the meaning ascribed in Section 27-19-3.
(c) "Nitrous oxide" means a gas or liquid form of nitrous oxide that is used to increase the speed or performance of a motor vehicle or motorcycle.
(d) "Street" or "highway" means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular traffic.
(3) (a) (i) A person shall not operate on a street or highway a motor vehicle or motorcycle that is equipped to supply the engine with nitrous oxide unless the nitrous oxide supply system is made inoperative by means of disconnecting the nitrous oxide feed line from the engine or removing the nitrous oxide canister from the motor vehicle or motorcycle.
(ii) No fine or imprisonment shall be imposed against the operator for a violation of this section, unless at the time the operator was charged with a violation of this section he also was charged with some other offense under Title 63, Mississippi Code of 1972, and he is convicted of both offenses.
(b) A person convicted for the first offense of violating this subsection shall be fined not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00), imprisoned for not more than forty-eight (48) hours, or both.
(c) For a second conviction of any person violating this subsection, the offenses being committed within a period of five (5) years, the person shall be fined not less than Six Hundred Dollars ($600.00) nor more than One Thousand Five Hundred Dollars ($1,500.00), shall be imprisoned not less than five (5) days nor more than one (1) year, and shall be sentenced to community service work for not less than ten (10) days nor more than one (1) year.
(d) (i) For a third or subsequent conviction of any person violating this subsection, the offenses being committed within a period of five (5) years, the person shall be guilty of a felony and fined not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00), and shall serve not less than one (1) year nor more than five (5) years in the custody of the Department of Corrections; however, for any such offense that does not result in serious injury or death to any person, the sentence of incarceration may be served in the county jail at the discretion of the circuit court judge.
(ii) After a conviction under this subsection and upon receipt of the court abstract, the Commissioner of Public Safety shall suspend the driver's license and driving privileges of the person for not less than five (5) years.
(iii) After a
conviction under this subsection, the law enforcement agency shall seize the
vehicle owned by any person convicted of a third or subsequent violation of
this subsection, if the convicted person was driving the vehicle at the time
the offense was committed. The vehicle may be forfeited in the manner provided
by Sections * * * 1 through 28 of this act.
SECTION 46. Section 49-15-201, Mississippi Code of 1972, is amended as follows:
49-15-201. * * *
(1)
When any property is seized pursuant to Section 49-15-21 or 59-21-33,
Mississippi Code of 1972, * * *proceedings under this section shall be instituted promptly forfeiture
proceedings shall be instituted in accordance with Sections 1 through 28 of
this act.
SECTION 47. Section 49-15-15, Mississippi Code of 1972, is amended as follows:
49-15-15. (1) In addition to any other powers and duties authorized by law, the commission shall have the following powers and duties regarding the regulation of seafood:
(a) To exercise full jurisdiction and authority over all marine aquatic life and to regulate any matters pertaining to seafood, including cultivated seafood;
(b) To adopt, promulgate, amend or repeal, after due notice and public hearing, in accordance with the Mississippi Administrative Procedures Law and subject to the limitations in subsection (2) of this section, rules and regulations authorized under this chapter, including, but not limited to, rules and regulations necessary for the protection, conservation or propagation of all seafood in the waters under the territorial jurisdiction of the State of Mississippi and for the regulation of gill net and purse seine fishermen. All public hearings under this chapter concerning the regulation of marine resources shall be held in Hancock, Harrison or Jackson Counties. Each rule or regulation promulgated under this chapter shall immediately be advertised one (1) time in a newspaper or newspapers having general circulation in counties affected by that regulation. A regulation shall become effective at 6:00 a.m. on the day after its publication;
(c) To regulate all seafood sanitation and processing programs. In the three (3) coastal counties, the sanitation program regulating processing plants and seafood sold in retail stores operating in conjunction with a processing plant or seafood market that primarily deals with seafood is under the exclusive authority of the commission. The commission may also inspect and regulate those areas of any seafood processing plant which process freshwater species at any site where the department inspects seafood processing plants. To effectively and efficiently implement the state seafood sanitation program, the State Health Officer, the Commissioner of Agriculture and the executive director of the department may enter into a memorandum of understanding, which at a minimum, clearly specifies the responsibilities of each agency in implementing the seafood sanitation program, as well as the sharing of information and communication and coordination between the agencies;
(d) To set standards of measure;
(e) To set requirements for employment of commission employees whose compensation shall be governed by the rules and regulations of the State Personnel Board;
(f) To acquire and dispose of commission equipment and facilities;
(g) To keep proper records of the commission, including an official ordinance book which contains all rules and regulations promulgated by the commission under this chapter;
(h) To enter into advantageous interstate and intrastate agreements with proper officials, which directly or indirectly result in the protection, propagation and conservation of the seafood of the State of Mississippi, or continue any such agreements now in existence;
(i) To arrange, negotiate or contract for the use of available federal, state and local facilities which would aid in the propagation, protection and conservation of the seafood of the State of Mississippi;
(j) To authorize the operation of double rigs in the waters lying between the mainland coast and the island chain, and those rigs shall not exceed a length of twenty-five (25) feet at the corkline, and to prescribe the length at the lead line for each rig, net or try-trawl;
* * *
( * * *k) To open, close and regulate fishing
seasons for the taking of shrimp, oysters, fish taken for commercial purposes
and crabs and set size, catching and taking regulations for all types of
seafood and culling regulations for oysters, except as otherwise specifically
provided by law;
( * * *l) To utilize the resources of the
Gulf Coast Research Laboratory to the fullest extent possible;
( * * *m) To develop a resource management
plan to preserve seafood resources and to ensure a safe supply of these resources;
( * * *n) To prescribe types and forms of
scientific permits for public educational or scientific institutions, federal
and state agencies and consultants performing marine resource studies;
( * * *o) To suspend the issuance of licenses
when necessary to impose a moratorium to conserve a fishery resource;
( * * *p) To promote, construct, monitor and
maintain artificial fishing reefs in the marine waters of the State of
Mississippi and in adjacent federal waters; to accept grants and donations of
money or materials from public and private sources for such reefs; to set
permit fees and establish guidelines for the construction of artificial reefs
in federal waters; and to apply for any federal permits necessary for the
construction or maintenance of artificial fishing reefs in federal waters. The
location data associated with artificial reefs by corporations and private
individuals shall not be published by the commission or the on the website or
in written publications of the department. Location data of the artificial
reefs may be requested in writing by any individual and shall be provided by
the department in a timely manner; and
( * * *q) To require, in addition to other
licensing requirements, the successful completion of educational or training
programs on shellfish sanitation as a prerequisite to receiving commercial
licenses authorized under this chapter in order to ensure compliance with the
Interstate Shellfish Sanitation Conference's educational requirements for
shellfish processors, dealers and harvesters by January 1, 2014.
(2) The commission shall not adopt rules, regulations or ordinances pertaining to marine resources which are more stringent than federal regulations. In any case where federal laws and regulations are silent on a matter pertaining to marine resources, the laws and regulations of the State of Mississippi shall control. The commission shall review all marine resource ordinances for compliance with the no more stringent standard and revise any ordinances more stringent than this standard no later than December 31, 1992. This subsection shall not apply to rules, regulations or ordinances pertaining to the wild stock of marine fin fish.
SECTION 48. Section 49-15-63, Mississippi Code of 1972, is amended as follows:
49-15-63. (1) (a) Any person, firm or corporation violating any of the provisions of this chapter or any ordinance duly adopted by the commission, unless otherwise specifically provided for herein, shall, on conviction, be fined not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00), for the first offense, unless the first offense is committed during a closed season, in which case the fine shall be not less than Five Hundred Dollars ($500.00), nor more than One Thousand Dollars ($1,000.00); and not less than Five Hundred Dollars ($500.00), nor more than One Thousand Dollars ($1,000.00), for the second offense when such offense is committed within a period of three (3) years from the first offense; and not less than Two Thousand Dollars ($2,000.00) nor more than Four Thousand Dollars ($4,000.00), or imprisonment in the county jail for a period not exceeding thirty (30) days for any third or subsequent offense when such offense is committed within a period of three (3) years from the first offense.
(b) In addition, upon
conviction of such third or subsequent offense, it shall be the duty of the
court to revoke the license of the convicted party and of the boat or vessel
used in such offense, and no further license shall be issued to such person and
for said boat to engage in catching or taking of any seafoods from the waters
of the State of Mississippi for a period of one (1) year following such
conviction. Forfeiture of any equipment or nets used in a second or subsequent
offense may be instituted pursuant to * * * Section 49-15-201 * * * and Sections 1
through 28 of this act. If the person in possession of or using the nets
in the violation is not the owner or licensee of the nets, the department shall
notify the owner or licensee of the nets. The nets shall be subject to
forfeiture unless the nets were stolen and prosecution for the theft is
initiated. Equipment as used in this section shall not mean boats or vessels.
(c) Any person convicted and sentenced under this section for a second or subsequent offense shall not be considered for reduction of sentence.
(d) Except as provided under subsection (5) of Section 49-15-45, any fines collected under this section shall be paid into the Seafood Fund.
(e) In addition to any other penalties, the commission may suspend the license of any person convicted of a violation of this chapter and may suspend the license of any vessel used in the violation for a period not to exceed five (5) days for the first offense. For a second offense, the commission may suspend the license of such person and vessel for a period not to exceed thirty (30) days.
(f) Upon conviction of
five (5) seafood violations within a five-year period, the commission may
revoke the license of the convicted party and the boat or vessel used in the
offenses, and may prohibit indefinitely the issuance of a license to the person
and boat or vessel * * * that were engaged in catching or taking of any seafood
from the waters of the State of Mississippi. The commission shall exercise
this authority in accordance with the administrative procedures in Section 49-15-401
et seq.
(2) For any violation of this chapter, the individual registered as the captain shall be subject to the penalties provided in this chapter, if that individual is aboard the vessel. If that individual is not aboard the vessel, the individual designated as the alternate captain under Section 49-15-46 or substitute captain under Section 49-15-64.5 shall be subject to the penalties provided in this chapter. If no individual is designated under Section 49-15-46 or Section 49-15-64.5, the person, firm or corporation owning the vessel shall be subject to the penalties provided for boat captains.
(3) All citations issued to boat operators for not possessing the boat's registration card shall be dismissed, along with all related court costs, upon the presentment of the boat's proper registration card to the court or magistrate holding the trial or hearing.
SECTION 49. Section 63-21-101, Mississippi Code of 1972, is amended as follows:
63-21-101. Any motor
vehicle, trailer or similar conveyance used to transport another motor vehicle
or crushed motor vehicle sold in violation of Section 63-21-39 or otherwise
used to aid in the commission of a violation of Section 63-21-39 may be seized
by a law enforcement agency and is subject to forfeiture ordered by the court
in * * * accordance with Sections 1 through 28 of
this act. If the seizing law enforcement agency has reason to believe that
the conveyance is a leased or rented conveyance, then the seizing law
enforcement agency shall notify the owner of the conveyance as soon as
practicable after the seizure. * * *
SECTION 50. Sections 41-29-176, 41-29-177, 41-29-179, 41-29-181, 41-29-183 and 41-29-185, Mississippi Code of 1972, which provide the procedures for forfeiture of property under the Uniform Controlled Substances Law, are repealed.
SECTION 51. Sections 49-7-251, 49-7-253, 49-7-255 and 49-7-257, Mississippi Code of 1972, which provide the procedures for forfeiture of property for violations of hunting and fishing laws, are repealed.
SECTION 52. Section 97-43-11, Mississippi Code of 1972, which provide the procedures for forfeiture of property for violations of the Racketeer Influenced and Corrupt Organization Act, is repealed.
SECTION 53. Sections 67-1-95, 67-1-97 and 67-1-99, Mississippi Code of 1972, which provide the procedures for forfeiture of property for violations of the Local Option Alcoholic Beverage Control law, are repealed.
SECTION 54. Sections 63-11-51 and 63-11-53, Mississippi Code of 1972, which provide the procedures for forfeiture of property for violations of the Implied Consent Law, are repealed.
SECTION 55. Sections 49-15-203, 49-15-205 and 49-15-207, Mississippi Code of 1972, which provide the procedures for forfeiture of property for violations of marine law, are repealed.
SECTION 56. Sections, 63-21-101, 63-21-103, 63-21-105, 63-21-107, 63-21-109 and 63-21-111, Mississippi Code of 1972, which provide the procedures for forfeiture of property for motor vehicle scrapping or dismantling violations, are repealed.
SECTION 57. This act shall take effect and be in force from and after July 1, 2016.