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Bill > HB1398
MS HB1398
MS HB1398Seizure and forfeiture; prohibit waiver of forfeiture and revise standard of proof.
summary
Introduced
02/17/2020
02/17/2020
In Committee
05/11/2020
05/11/2020
Crossed Over
03/11/2020
03/11/2020
Passed
Dead
06/09/2020
06/09/2020
Introduced Session
2020 Regular Session
Bill Summary
An Act To Amend Section 41-29-177, Mississippi Code Of 1972, To Prohibit Waivers Regarding Forfeitures; To Amend Section 41-29-179, Mississippi Code Of 1972, To Revise The Standard Of Proof; To Bring Forward Sections 41-29-153, 41-29-176.1, 41-29-181, 41-29-183 And 41-29-107.1, Mississippi Code Of 1972, Which Relate To The Mississippi Bureau Of Narcotics Website On Seized Property And The Prosecution Of Cases And Procedures For The Disposition Of Seized Property, For Purposes Of Possible Amendment; And For Related Purposes.
AI Summary
This bill:
1) Prohibits any law enforcement officer other than an officer of the court from requesting, requiring, or inducing a person to waive their interest in property for the purposes of forfeiture. Any such waiver would be considered null, void, and inadmissible in court.
2) Revises the standard of proof for property forfeiture from a preponderance of the evidence to a clear and convincing standard. This heightens the burden of proof the government must meet to forfeit property.
The bill also brings forward several existing sections of Mississippi law related to the seizure and forfeiture of property, including provisions about the process for seizing and forfeiting property, the disposition of forfeited property, and requirements for the Mississippi Bureau of Narcotics to maintain a public website tracking seized property.
Committee Categories
Justice
Sponsors (1)
Last Action
Died In Committee (on 06/09/2020)
Official Document
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