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MS HB144

Bill

Status

Failed

3/5/2013

Primary Sponsor

Mark Baker

Click for details

Origin

House of Representatives

2013 Regular Session

AI Summary

  • Establishes a uniform criminal forfeiture procedure for crimes without existing forfeiture statutes, allowing seizure of property used to commit crimes, proceeds, and fruits of criminal activity.

  • Authorizes police officers to seize forfeited property without a court order upon probable cause, or with an ex parte court order; requires inventory receipt and notice to property owners.

  • Protects innocent owners and lienholders from forfeiture unless they had knowledge of criminal use or permitted use under circumstances where a reasonable person should have inquired; liens must be reimbursed from sale proceeds up to their recorded value.

  • Makes forfeiture part of the criminal sentencing phase; bifurcates hearings for property valued at $2,500 or more with notice to parties holding security or property interests.

  • Requires sale proceeds to first cover forfeiture costs (seizure, custody, advertising, court costs) with remainder deposited in state, county, or city general funds; allows seizing agencies to retain, transfer, or dispose of property per court order.

Legislative Description

Criminal Forfeiture; provide procedure for offenses with no specific procedure.

Last Action

Died In Committee

3/5/2013

Committee Referrals

Judiciary, Division B2/15/2013
Judiciary A1/11/2013

Full Bill Text

No bill text available