MS HB1389

Property used in, intended for, or derived from acts of terrorism is subject to civil forfeiture to the state.

Persons injured by terrorism-related criminal offenses and law enforcement or governmental agencies involved in investigation, mitigation, seizure, or forfeiture may file claims for costs or damages against forfeited property.

Forfeiture proceeds are allocated in priority order: investigation costs to law enforcement agencies, 25% of proceeds plus prosecution costs to prosecuting attorney, remaining investigation costs to other agencies, mitigation/seizure/forfeiture costs to participating agencies, and remaining proceeds to satisfy judgments for injured persons.

Persons injured by terrorism-related criminal offenses may file civil actions for damages equal to three times actual damages or $10,000 whichever is greater, plus attorney fees if they prevail, with a five-year statute of limitations.

Property seizure requires a court order but may occur without one if incident to lawful arrest or search, or if property was subject to prior forfeiture judgment; effective July 1, 2014.