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MS HB337

Bill

Status

Failed

1/31/2023

Primary Sponsor

Dana Criswell

Click for details

Origin

House of Representatives

2023 Regular Session

AI Summary

  • Prohibits law enforcement officers (other than officers of the court) from requesting, requiring, or inducing a person to waive their interest in property for forfeiture purposes; any such waiver is null and void and inadmissible in court

  • Raises the standard of proof required for the state to forfeit property from "preponderance of the evidence" to "clear and convincing evidence"

  • Requires forfeiture proceedings to be filed within 30 days of seizure or the property must be immediately returned to the person from whom it was seized

  • Maintains existing requirements that law enforcement must obtain a seizure warrant within 72 hours of seizure (excluding weekends and holidays) and notify property owners if forfeiture will not be pursued

  • Effective date: July 1, 2023

Legislative Description

Seizure and forfeiture; prohibit waiver of forfeiture and revise standard of proof.

Last Action

Died In Committee

1/31/2023

Committee Referrals

Judiciary B1/9/2023

Full Bill Text

No bill text available