MS HB622 | 2023 | Regular Session


Completed Legislative Action
Spectrum: Partisan Bill (Republican 1-0)
Status: Failed on January 31 2023 - 100% progression
Action: 2023-01-31 - Died In Committee
Text: Latest bill text (Introduced) [HTML]


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.

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



2023-01-31HouseDied In Committee
2023-01-16HouseReferred To Judiciary B

Code Citations

ChapterArticleSectionCitation TypeStatute Text
49143Amended CodeSee Bill Text
495115Amended CodeSee Bill Text
497103Repealed CodeSee Bill Text
497251Repealed CodeSee Bill Text
497253Repealed CodeSee Bill Text
497255Repealed CodeSee Bill Text
497257Repealed CodeSee Bill Text
49781Amended CodeSee Bill Text
49791Amended CodeSee Bill Text
592133Repealed CodeSee Bill Text

Mississippi State Sources

Bill Comments