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MS HB1311
MS HB1311Administrative forfeiture; to reenact and amend to request those who wish to contest to file written notice.
summary
Introduced
01/20/2025
01/20/2025
In Committee
01/20/2025
01/20/2025
Crossed Over
Passed
Dead
02/04/2025
02/04/2025
Introduced Session
2025 Regular Session
Bill Summary
An Act To Reenact And Amend Section 41-29-176, Mississippi Code Of 1972, Which Was Repealed By Operation Of Law On July 1, 2018; To Provide Administrative Forfeiture Procedures For Certain Seized Property Under The Uniform Controlled Substances Law That Has A Value Of Less Than Twenty Thousand Dollars; To Provide That If The Value Of Forfeited Property Does Not Exceed Ten Thousand Dollars, Substitute Notice Of Intention To Administratively Forfeit The Property May Be Made By Posting A Notice On An Official State Government Forfeiture Site For At Least Thirty Consecutive Days; To Provide That Such Site Shall Be Created And Maintained By The Mississippi Bureau Of Narcotics; To Authorize The Bureau To Charge A Reasonable Fee If Other Seizing Law Enforcement Agencies Choose To Utilize Such Site For Internet Publication; To Provide Certain Requirements For Such Notice Of Publication; To Authorize Any Person Claiming An Interest In Property Which Is The Subject Of A Notice To File A Petition To Contest Forfeiture Within Thirty Days After Receipt Of Such Notice Or Of The Date Of The First Publication Of Such Notice; To Require The District Attorney Or His Or Her Designee To Prepare A Written Declaration Of Forfeiture Of The Subject Property If No Petition To Contest Forfeiture Is Timely Filed And A Seizure Warrant Was Properly Obtained; To Provide That The Forfeited Property Shall Be Used, Distributed Or Disposed Of If No Petition To Contest Forfeiture Is Timely Filed And A Seizure Warrant Was Properly Obtained; And For Related Purposes.
AI Summary
This bill revises Mississippi's administrative forfeiture procedures for property seized under the Uniform Controlled Substances Law, specifically for items valued at less than $20,000. The legislation allows law enforcement agencies to use an online forfeiture site maintained by the Mississippi Bureau of Narcotics for providing notice of potential property forfeiture, particularly for items valued at $10,000 or less. If property is seized, the seizing agency must provide notice to potential owners through certified mail, personal delivery, or online publication. Owners who wish to contest the forfeiture must now send a written notice to the seizing agency within 30 days, including specific details such as their contact information and the items they seek to recover. If no contest is filed and a valid seizure warrant was obtained, the district attorney will prepare a written declaration of forfeiture, and the property will be used, distributed, or disposed of according to existing law. The bill also allows the Bureau of Narcotics to charge a reasonable fee to other law enforcement agencies for using the online forfeiture site. The changes are set to take effect on July 1, 2025, and represent a streamlined approach to handling administrative property forfeitures related to controlled substance cases.
Committee Categories
Justice
Sponsors (1)
Last Action
Died In Committee (on 02/04/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://billstatus.ls.state.ms.us/2025/pdf/history/HB/HB1311.xml |
| BillText | https://billstatus.ls.state.ms.us/documents/2025/html/HB/1300-1399/HB1311IN.htm |
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