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Bill > HB836


MS HB836

MS HB836
Asset forfeiture; require hearing to challenge.


summary

Introduced
01/16/2026
In Committee
01/16/2026
Crossed Over
Passed
Dead
02/03/2026

Introduced Session

2026 Regular Session

Bill Summary

An Act To Amend Section 41-29-179, Mississippi Code Of 1972, To Provide A Procedure That Allows Any Person Whose Assets Are Subject To Forfeiture To Challenge The Forfeiture For Certain Reasons; To Amend Sections 41-29-153, 41-29-176.1 And 41-29-177, Mississippi Code Of 1972, To Conform To The Preceding Sections; And For Related Purposes.

AI Summary

This bill establishes a new procedure for individuals whose assets are subject to forfeiture, meaning their property is seized by law enforcement due to suspected involvement in illegal activities. Previously, the process for challenging such seizures was less defined, but this legislation mandates that any person whose assets are seized can petition the court to determine if the forfeiture is justified and not excessive, considering factors like the offense's seriousness, the owner's involvement, and the hardship to the owner and their family. The burden of proof is on the defendant to show the forfeiture is disproportionate, and a hearing will be held without a jury. If the court finds the forfeiture excessive, the property must be returned within fifteen days. The bill also makes conforming changes to other sections of Mississippi law related to asset forfeiture, ensuring consistency with these new rights for property owners.

Committee Categories

Justice

Sponsors (1)

Last Action

Died In Committee (on 02/03/2026)

bill text


bill summary

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