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MS HB794

Bill

Status

Failed

3/3/2020

Primary Sponsor

Jansen Owen

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Origin

House of Representatives

2020 Regular Session

AI Summary

HB 794 Summary

  • Authorizes courts to order forfeiture of substitute property owned by a defendant when property subject to forfeiture is beyond the court's jurisdiction or cannot be located, if the state proves by preponderance of the evidence that the defendant intentionally dissipated, transferred, sold, or commingled the property to avoid forfeiture.

  • Requires the Mississippi Bureau of Narcotics to establish and maintain a searchable public website tracking seized property from seizure to final disposition, with information uploaded by district attorneys within 30 days of seizure or dispositive actions.

  • Requires seizing law enforcement agencies to request prosecution of forfeiture cases within 30 days of seizure from either the county district attorney or Mississippi Bureau of Narcotics, with property returned if both decline prosecution.

  • Requires law enforcement agencies to obtain seizure warrants within 72 hours of seizure (excluding weekends and holidays) or notify the property owner that forfeiture will not proceed and provide instructions for property retrieval.

  • Establishes that failure to comply with website reporting requirements disqualifies law enforcement agencies from applying for or receiving state or federal grants until compliance is achieved.

Legislative Description

Seized property; authorize court to order forfeiture of substitute property in certain circumstances.

Last Action

Died In Committee

3/3/2020

Committee Referrals

Judiciary A2/13/2020

Full Bill Text

No bill text available