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MS HB622
Bill
Status
1/31/2023
Primary Sponsor
Dana Criswell
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AI Summary
HB 622 Summary
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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.
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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.
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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.
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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.
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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