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MS SB2800
Bill
Status
2/1/2011
Primary Sponsor
Sidney Albritton
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AI Summary
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Authorizes civil forfeiture of property used in trademark counterfeiting and recording violations under Mississippi Code sections 97-21-53, 97-21-55, 97-21-57, and 97-23-89.
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Requires state to provide notice to property owners, lienholders, and secured parties before forfeiture proceedings, with specific procedures for identifying interested parties through motor vehicle records, financing statements, and real estate records.
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Establishes forfeiture hearing procedures where property owner must file verified answer within 20 days; state must prove forfeiture by clear and convincing evidence if owner disputes the claim.
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Directs proceeds from forfeited property sales to satisfy liens and mortgages first, with remaining balance deposited in state or county general funds after deducting storage and court costs.
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Statute of limitations of five years for criminal or civil actions, with additional two-year suspension period if prosecution or other legal proceeding is pending; effective July 1, 2011.
Legislative Description
Forfeiture; seizure of conveyances used to transport counterfeit.
Last Action
Died In Committee
2/1/2011