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MS HB144
Bill
Status
3/5/2013
Primary Sponsor
Mark Baker
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AI Summary
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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.
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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.
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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.
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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.
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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