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MS HB1104

Bill

Status

Failed

2/5/2019

Primary Sponsor

Mark Baker

Click for details

Origin

House of Representatives

2019 Regular Session

AI Summary

  • Reenacts Section 41-29-176 of the Mississippi Code, which was automatically repealed on July 1, 2018, to restore administrative forfeiture procedures for property seized under the Uniform Controlled Substances Law.

  • Allows law enforcement to administratively forfeit seized property (excluding controlled substances, raw materials, or paraphernalia) valued at $20,000 or less without judicial proceedings.

  • Requires notice to interested parties by certified mail, personal delivery, or newspaper publication (three consecutive weeks), with an alternative option to post notice on a state government forfeiture website for at least 30 days for property valued under $10,000.

  • Permits any person claiming an interest in the seized property to file a petition to contest forfeiture within 30 days of notice in the appropriate county or circuit court, with proceedings governed by civil procedure rules.

  • Authorizes the district attorney or bureau attorney to prepare a written declaration of forfeiture if no timely petition is filed and a seizure warrant was properly obtained, with forfeited property distributed according to Section 41-29-181.

Legislative Description

Administrative forfeiture; reenact provisions that establish procedures for property seized under controlled substance provisions.

Last Action

Died In Committee

2/5/2019

Committee Referrals

Judiciary A1/21/2019

Full Bill Text

No bill text available