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MS HB784

Bill

Status

Passed

3/11/2011

Primary Sponsor

Edward Blackmon

Click for details

Origin

House of Representatives

2011 Regular Session

AI Summary

  • Authorizes civil forfeiture of real and personal property, including money, used in or derived from trademark counterfeiting and illegal recording violations under Mississippi Code Sections 97-21-53, 97-21-55, 97-21-57, and 97-23-89

  • Establishes forfeiture procedures requiring circuit court proceedings, with protections for bona fide lienholders, mortgage holders, and secured parties who had no knowledge of or consent to the illegal conduct

  • Requires the state to make good faith efforts to identify and notify property owners, secured parties, and lienholders through inquiries to the Department of Revenue, FAA, and other relevant agencies before forfeiture hearings

  • Places the burden of proof on the state to demonstrate by clear and convincing evidence that property is subject to forfeiture when the owner files a verified answer contesting the seizure

  • Directs forfeiture proceeds, after satisfying legitimate security interests and court costs, to be deposited in the State General Fund or the county general fund of the jurisdiction that instituted proceedings, effective July 1, 2011

Legislative Description

Forfeiture; provide for assets involved in certain trademark and recordings violations.

Last Action

Approved by Governor

3/11/2011

Full Bill Text

No bill text available