Bill Text: MS HB1389 | 2014 | Regular Session | Introduced
Bill Title: Terrorism; provide civil cause of action and forfeiture of property.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2014-02-04 - Died In Committee [HB1389 Detail]
Download: Mississippi-2014-HB1389-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Judiciary B
By: Representatives Monsour, Boyd
House Bill 1389
AN ACT TO PROVIDE FOR FORFEITURE OF AND CLAIMS AGAINST PROPERTY USED TO FURTHER AN ACT OF TERRORISM; TO PROVIDE FOR THE ALLOCATION OF THE PROCEEDS; TO PROVIDE A CIVIL CAUSE OF ACTION BY PERSONS INJURED BY AN ACT OF TERRORISM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION
1. (1) All property, including money, used in the course of,
intended for use in the course of, derived from, or realized through conduct
which is an act of terrorism is subject to civil forfeiture to the state.
(2) A person injured as a result of a criminal offense related to
an act of terrorism, and a law enforcement agency or other governmental agency
that participated in the investigation, mitigation, seizure, or forfeiture
process for such criminal offense may file a claim for costs or damages, and
the property described in subsection (1) of this section shall be used to
satisfy any costs or damages awarded for the claim.
(3) (a) A forfeiture or disposition under this section shall not
affect the rights of a factually innocent person.
(b) A mortgage, lien, privilege, other security interest, or
joint ownership interest shall not be affected by a forfeiture under this
section if the owner of the mortgage, lien, privilege, other security interest
or joint owner establishes that he or she is a factually innocent person.
(4) The allocation of proceeds from a forfeiture and disposition
under this section shall be paid to claimants under subsection (2) of this
section in the following order:
(a) (i) First, the costs of investigation shall be paid to
the law enforcement agency or governmental agency that conducted the
investigation.
(ii) If more than one (1) law enforcement agency or
governmental agency equally conducted the investigation, the costs of
investigation shall be paid equally to the law enforcement agencies and
governmental agencies conducting the investigation.
(iii) If one (1) law enforcement agency or governmental
agency primarily conducted the investigation, the costs of investigation first
shall be paid to that law enforcement agency or governmental agency, with
actual vouchered costs reimbursed on a pro rata basis to the other law
enforcement agencies or governmental agencies participating in the investigation,
not to exceed ten percent (10%) of the costs of investigation allocated to the
primary law enforcement agency or governmental agency.
(b) Second, twenty-five percent (25%) of the proceeds plus the costs of prosecution or all of the remaining proceeds, whichever is less, shall be paid to the prosecuting attorney. (c) Third, the costs of investigation shall be paid on a pro rata basis to a law enforcement agency or governmental agency that was not fully reimbursed under subsection (4)(a)(iii) of this section.
(d) Fourth, the costs of mitigation, seizure, or forfeiture shall be paid on a pro rata basis to a law enforcement agency or governmental agency that participated in the mitigation, seizure, or forfeiture process.
(e) Fifth, any
remaining proceeds shall be paid on a pro rata basis to satisfy any judgments
for persons injured as a result of the criminal offense.
(5) (a) Property subject to forfeiture under this section may be
seized by a law enforcement officer upon the issuance of a court order.
(b) Seizure without a court order may be made if:
(i) The seizure is incident to a lawful arrest or
search; or
(ii) The property subject to seizure has been the
subject of a prior judgment in favor of the state in a forfeiture proceeding
based on this section.
(c) (i) A forfeiture action resulting from a seizure under
this subsection (5) shall be instituted promptly.
(ii) Property taken or detained under this section is
not subject to sequestration or attachment but is deemed to be in the custody
of the law enforcement officer making the seizure, subject only to the order of
the court.
(iii) When property is seized under this section,
pending forfeiture and final disposition, the law enforcement officer making
the seizure may:
1. Place the property under seal;
2. Remove the property to a place designated by the
court; or
3. Request another agency authorized by law to take
custody of the property and remove it to an appropriate location.
(6) The limitations period for a claim brought under this section
is five (5) years from the date of the discovery of the violation.
SECTION
2. (1) A person injured as a result of a criminal offense
which is an act of terrorism may file an action for damages against the person
who committed such violation.
(2) A person who files an action under this section is entitled to
recover three (3) times the actual damages sustained or ten thousand dollars
($10,000), whichever is greater, as well as attorney fees in the trial and appellate
courts if the person prevails in the claim.
(3) The limitations period for an action under this section is
five (5) years from the date of discovery of the violation.
(4) A person who receives a judgment under this section may seek
satisfaction of the judgment as provided by law.
SECTION 3. This act shall take effect and be in force from and after July 1, 2014.
