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MS HB622

Bill

Status

Failed

1/31/2023

Primary Sponsor

Dana Criswell

Click for details

Origin

House of Representatives

2023 Regular Session

AI Summary

HB 622 Summary

  • Prohibits civil forfeiture and requires criminal conviction for property forfeiture under state law, with limited exceptions for defendant death, deportation, immunity grants, fleeing jurisdiction, or property abandonment.

  • Establishes $2,500 exemptions for U.S. currency and motor vehicles from seizure and forfeiture, though prosecuting authorities may increase these thresholds by district; homestead property is fully exempt.

  • Requires law enforcement to provide itemized receipts for seized property and prohibits waiver of property rights; mandates court orders for real property seizure after notice and hearing.

  • Grants innocent property owners and secured creditors the right to petition courts for hearings to recover their interests, with state bearing burden to prove actual knowledge of underlying crime.

  • Requires seized property to transfer to State Treasurer within 30 days of forfeiture; prohibits law enforcement agencies from retaining forfeited property and bars federal adoption of state seizures under $50,000.

Legislative Description

Seizure and forfeiture; require conviction and establish in relation to certain criminal offenses.

Last Action

Died In Committee

1/31/2023

Committee Referrals

Judiciary B1/16/2023

Full Bill Text

No bill text available