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MS HB1360

Bill

Status

Failed

2/5/2013

Primary Sponsor

Bob Evans

Click for details

Origin

House of Representatives

2013 Regular Session

AI Summary

House Bill 1360 Summary

  • Requires seizing law enforcement agencies to prove probable cause for property seizure when a forfeiture petition is contested in court.

  • Adds requirement that property owners prove they took reasonable steps to prevent illegal activities in order to prevent seizure of their property.

  • Shifts burden of proof to the seizing law enforcement agency to demonstrate property is subject to forfeiture by a preponderance of the evidence, rather than using the petition as prima facie evidence when an answer is filed.

  • Applies administrative forfeiture procedures to property valued at $20,000 or less, requiring notice by certified mail or publication and allowing 30 days for filing a petition to contest forfeiture.

Legislative Description

Controlled Substances Law; revise forfeiture proceedings.

Last Action

Died In Committee

2/5/2013

Committee Referrals

Judiciary B1/21/2013

Full Bill Text

No bill text available