MS HB1634

Allows defendants to petition the court at any time to challenge whether seized property should be forfeited and whether forfeiture is excessive under state or federal law.

Requires defendants to prove by preponderance of evidence that forfeiture is disproportional to the offense seriousness, with courts considering factors including offense severity, defendant's participation, property use in the crime, sentence imposed, and hardship to defendant and family members.

Prohibits courts from considering the value of the property to the state when determining if forfeiture is constitutionally excessive.

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

Mandates district attorneys or the Mississippi Bureau of Narcotics prosecute forfeiture cases within 30 days of seizure, and requires notice to property owners within 15 days if prosecution is declined, along with instructions on property retrieval.