MS HB181

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

Defendant bears burden of proving forfeiture is disproportional to the offense seriousness by preponderance of evidence at a jury-waived court hearing.

Court must consider specific factors when determining excessiveness, including offense severity, defendant's participation, property use in crime, imposed sentence, hardship to defendant and family members, and whether forfeiture would deprive owner of livelihood.

Court cannot consider the property's value to the state when determining if forfeiture is constitutionally excessive and must return property within 15 days if found disproportionate.

Law enforcement must obtain a seizure warrant within 72 hours of seizure (excluding weekends and holidays) and notify property owner if warrant is not obtained or prosecution is declined; district attorney or Bureau of Narcotics must decide to prosecute within 30 days or property must be returned.