HB1311: Administrative forfeiture; to reenact and amend to request those who wish to contest to file written notice.

Legislative 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An Act To Reenact And Amend Section 41-29-176, Mississippi Code Of 1972, Which Was Repealed By Operation Of Law On July 1, 2018; To Provide Administrative Forfeiture Procedures For Certain Seized Property Under The Uniform Controlled Substances Law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.