Loading chat...
MS HB784
Bill
Status
3/11/2011
Primary Sponsor
Edward Blackmon
Click for details
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