House Bill 1410

(COMMITTEE SUBSTITUTE)

AN ACT TO CREATE THE ASSET FORFEITURE TRANSPARENCY ACT; TO REQUIRE THE COMMISSIONER OF PUBLIC SAFETY TO MAINTAIN A SEARCHABLE PUBLIC WEBSITE THAT INCLUDES INFORMATION RELATED TO THE SEIZURE AND FORFEITURE OF PROPERTY; AND FOR RELATED PURPOSES.

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

SECTION 1. Sections 1 through 4 of this act shall be known and may be cited as the "Asset Forfeiture Transparency Act."

SECTION 2. The Legislature finds that:

(a) Under state and federal forfeiture laws, state and local law enforcement agencies can seize money, vehicles and other property, sell such property, and use the proceeds to fund agency budgets;

(b) It is the responsibility of state legislators to monitor forfeiture;

(c) It is necessary to provide legislators with the information necessary for basic oversight of members of law enforcement agencies who seize and forfeit private property under state and federal forfeiture laws.

SECTION 3. (1) This section shall apply to any property seized under the laws of this state or under federal law when a law enforcement agency of this state or a locality cooperates with a federal agency to engage in seizure and forfeiture.

(2) The Commissioner of Public Safety shall establish and maintain a searchable public website that includes the following information from closed cases involving property, other than currency, seized by a state or local law enforcement agency under federal or state law:

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

(b) A description of each seized property, including but not limited to the make and model; provided; however, that such details shall not be required when publishing them would compromise an ongoing investigation. After the conclusion of the ongoing investigation, the agency shall update its report to include a description of the property seized.

(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. After the conclusion of the ongoing investigation, the agency shall update its report to include a description of the property seized.

(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 closed 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;

(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 of by court order.

SECTION 4. (1) Beginning on July 1, 2017, and on an annual basis thereafter, each law enforcement agency shall report to the Commissioner of Public Safety the information required under Section 3 of this act about seizures and forfeitures initiated or completed by the agency under state or federal forfeiture law for the previous year.

(2) The Department of Public Safety may require that information not specified in Section 3 of this act also be reported. The department shall develop standard forms, processes, and deadlines for electronic data entry for annual submission of forfeiture data by law enforcement agencies.

(3) The law enforcement agency shall file separate reports for forfeitures completed under state forfeiture law and federal forfeiture law.

(4) If a law enforcement agency does not engage in seizures or forfeitures during the reporting period, the agency shall nonetheless still file a report showing no seizures or forfeitures.

(5) The Department of Public Safety shall compile the submissions and issue an aggregate report of all forfeitures in the state.

(6) By December 31 of each year, the department shall make available on its website the reports submitted by law enforcement agencies and its aggregate report.

SECTION 5. This act shall take effect and be in force from and after July 1, 2016.