MS HB764 | 2016 | Regular Session

Status

Completed Legislative Action
Spectrum: Partisan Bill (Republican 1-0)
Status: Failed on February 23 2016 - 100% progression
Action: 2016-02-23 - Died In Committee
Text: Latest bill text (Introduced) [HTML]

Summary

An Act To Create The Mississippi Criminal Forfeiture Act Of 2016; To Provide Certain Definitions; To Exempt Certain Property From Forfeiture; To Require A Criminal Conviction For Forfeiture Of Property; To Authorize The Substitution Of Assets; To Provide Process Requirements For Forfeiture; To Require Law Enforcement To Provide An Itemized Receipt Of Seized Property; To Provide That The State Acquires Provisional Title To Property Upon Seizure; To Provide For A Pretrial Replevin Hearing; To Authorize A Defendant To Petition The Court For A Proportionality Hearing; To Exempt Property Encumbered By A Bona Fide Security Interest From Forfeiture; To Provide An Innocent Owner Exception; To Provide For The Disposition Of Property And Proceeds; To Require The Commissioner Of Public Safety To Publish Certain Reports On The Department Of Public Safety's Website; To Prohibit State Law Enforcement From Transferring Certain Seized Or Forfeited Property To The Federal Government; To Amend Sections 41-29-153, 41-29-149.1, 41-29-163, 97-15-30, 27-3-4, 49-7-103, 49-15-21, 49-15-64, 59-21-33, 49-33-7, 97-43-9, 97-23-107, 97-3-110, 97-3-111, 67-1-17, 67-1-93, 63-11-49, 63-7-103, 49-15-201, 49-15-15, 49-15-63 And 63-21-101, Mississippi Code Of 1972, In Conformity With The Provisions Of This Act; To Repeal Sections 41-29-176 Through 41-29-185, Mississippi Code Of 1972, Which Provide The Forfeiture Procedure For Violations Of The Uniform Controlled Substances Law; To Repeal Sections 49-7-251 Through 49-7-257, Mississippi Code Of 1972, Which Provide The Forfeiture Procedure For Violations Of Hunting And Fishing Laws; To Repeal Sections 67-1-95 Through 67-1-99, Mississippi Code Of 1972, Which Provide The Forfeiture Procedure For Violations Of Beverage Control Laws; To Repeal Sections 63-11-51 And 63-11-53, Mississippi Code Of 1972, Which Provide The Forfeiture Procedures For Violations Of The Implied Consent Law; To Repeal Sections 49-15-203 Through 49-15-207, Mississippi Code Of 1972, Which Provide The Forfeiture Procedure For Violations Of Marine Law; To Repeal Sections 63-21-101 Through 63-21-111, Mississippi Code Of 1972, Which Provide The Forfeiture Procedure For Violations Of The Vehicle Scrapping And Dismantling Law; To Repeal Section 97-4-11, Mississippi Code Of 1972, Which Provides The Forfeiture Procedure For Violations Of The Racketeer Influenced Corrupt Organization Act; And For Related Purposes.

Tracking Information

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Title

Mississippi Criminal Forfeiture Act of 2016; create.

Sponsors


History

DateChamberAction
2016-02-23HouseDied In Committee
2016-02-08HouseReferred To Judiciary B

Mississippi State Sources


Bill Comments

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