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MS HB337
Bill
Status
1/31/2023
Primary Sponsor
Dana Criswell
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AI Summary
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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
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Raises the standard of proof required for the state to forfeit property from "preponderance of the evidence" to "clear and convincing evidence"
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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
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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
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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