HB622: Seizure and forfeiture; require conviction and establish in relation to certain criminal offenses.

Legislative Summary

An Act Relating To The Seizure And Forfeiture Of Property In Certain Criminal Actions; To Define Certain Terms; To State Certain Declarations By The Legislature And To Pronounce The Purpose Of This Act; To Authorize A Court To Issue An Ex Parte Preliminary Order For The Seizure Of Personal Property For Which Forfeiture Is Sought; To Authorize Personal Property To Be Seized Without A Court Order Or Warrant Under Certain Conditions; To Require A Court Order For The Seizure Or Restraint Of Real Property; To Exempt Homestead Property And Other Specified Property Having A Certain Value From Seizure And Forfeiture; To Declare That Contraband Is Subject To Seizure; To Prohibit The Waiver Of A Person's Interest In Seized Property; To Require Law Enforcement To Issue A Receipt For Seized Property; To Authorize A Court To Order The Forfeiture Of Property When A Person Is Convicted Of An Offense Authorizing Forfeiture; To Prohibit Civil Forfeiture Of Property Under This Act; To Limit Forfeiture Of Property To Cases Where There Is A Conviction Of A State Criminal Statute That Authorizes Forfeiture Of Property; To Establish The Procedure For Filing A Criminal Complaint For The Forfeiture Of Property; To Authorize A Prosecuting Attorney To File An Indictment When The State Seeks Forfeiture Of Property Other Than Through A Complaint; To State When Title To Forfeited Property Vests With The State; To Authorize A Pretrial Hearing To Determine The Validity Of A Seizure And To Require The Issuance Of A Writ Of Replevin If Certain Findings Are Made; To Declare That Discovery In Seizure And Forfeiture Cases Is Subject To The Mississippi Rules Of Civil Procedure; To Establish Jurisdiction Over Forfeiture Proceedings In The Court That Has Jurisdiction Over The Related Criminal Matter; To Authorize A Defendant, During A Hearing Relating To The Seizure And Forfeiture Of Property, To Petition The Court For A Determination On Whether The Forfeiture Is Unconstitutionally Excessive; To Prohibit The Forfeiture Of Property Encumbered By A Bona Fide Security Interest; To Authorize An Innocent Owner Of Property Subject To Forfeiture To Petition The Court For A Hearing On The Person's Alleged Interest In The Property; To Require The Court To Either Dismiss The Forfeiture Proceeding Or Order Forfeiture Of The Property After A Hearing On The Matter Or Pursuant To A Plea Agreement; To Authorize The Court To Order Forfeiture Of Substitute Property Whenever The Property Subject To Forfeiture Is Unreachable; To Prohibit The State From Seeking Personal Money Judgments Related To The Forfeiture Of Property Other Than Provided For In This Act; To Prohibit A Court From Holding Defendants Jointly And Severally Liable For Forfeiture Awards; To Authorize An Appeal Of A Court's Decision In Forfeiture Litigation; To Require A Seizing Agency To Pay Attorney Fees Whenever A Property Owner Prevails On A Claim; To Require A Law Enforcement Agency To Return Property When So Ordered By The Court; To Require The Destruction Of Contraband No Longer Needed For Evidentiary Purposes; To Require Abandoned Property No Longer Needed For Evidentiary Purposes To Be Delivered To The State Treasurer; To Prohibit A Law Enforcement Agency From Retaining Forfeited Or Abandoned Property For Its Own Use; To Prohibit A Law Enforcement Agency From Relinquishing Seized Property To A Federal Agency For The Purpose Of The Property's Forfeiture Under The Controlled Substances Act; To Establish Certain Requirements Relating To Property Seized Through A Multijurisdictional Collaboration With The Federal Government; To Declare That This Act Preempts Any Local Governmental Law That Regulates Civil And Criminal Forfeiture; To Amend Sections 49-1-43, 49-5-115, 49-7-81 And 49-7-91, Mississippi Code Of 1972, Which Relate To The Protection Of Game And Fish And Hunting And Fishing, In Conformity To The Preceding Provisions Of This Act; To Repeal Sections 49-7-103 And 49-7-251 Through 49-7-257, Mississippi Code Of 1972, Which Authorize The Seizure And Confiscation Of Property Used In Illegal Hunting Or Fishing; To Repeal Section 59-21-33, Mississippi Code Of 1972, Which Authorizes The Seizure And Forfeiture Of Boats And Trailers With Altered Identification Numbers; And For Related Purposes.