MS HB836

Defendants may petition the court at any time to challenge whether seized property should be forfeited and whether the forfeiture is constitutionally excessive under state or federal law

Courts must consider factors including offense seriousness, extent of property use in the crime, defendant's participation level, criminal sentence imposed, and hardship to the defendant's family or livelihood if property is forfeited

The defendant bears the burden of proving by preponderance of evidence that forfeiture is disproportionate to the offense; if successful, the agency must return the property within 15 days

If both the district attorney and Mississippi Bureau of Narcotics decline to prosecute a forfeiture, the seizing agency must notify the property owner within 15 days (reduced from 30 days) and provide instructions for retrieving the property

The bill takes effect July 1, 2026