Bill Text: MS HB183 | 2015 | Regular Session | Introduced
Bill Title: Justice court; provide jurisdiction over property seized for game and fish violations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2015-02-03 - Died In Committee [HB183 Detail]
Download: Mississippi-2015-HB183-Introduced.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Wildlife, Fisheries and Parks; Judiciary A
By: Representative Moak
House Bill 183
AN ACT TO AMEND SECTION 49-7-251, MISSISSIPPI CODE OF 1972, TO PROVIDE THE JUSTICE COURT WITH JURISDICTION OVER FORFEITURE OF PROPERTY FOR VIOLATIONS OF GAME AND FISH LAWS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-7-251, Mississippi Code of 1972, is amended as follows:
49-7-251. (1) Except as
otherwise provided in Section 49-7-257, when any property is seized pursuant to
Section 49-7-103, 49-15-21(2) or 59-21-33, * * * proceedings under
this section shall be instituted promptly. * * * However, * * * the seizing law enforcement agency may, in
the sound exercise of discretion, decide not to bring a forfeiture action if
the interests of bona fide lienholders or secured creditors equal or exceed the
value of the seized property, or if other factors would produce a negative
economic result. Provided further, that no property shall be subject to
forfeiture which has been stolen from its owner if the owner can be identified
and prosecution for the theft has been initiated.
(2) A petition for
forfeiture shall be filed promptly in the name of the State of Mississippi, the
county or the municipality and may be filed in the county in which the seizure
is made, the county in which the criminal prosecution is brought or the county
in which the owner of the seized property is found. Forfeiture proceedings may
be brought in the circuit court or the county court if a county court exists in
the county and the value of the seized property is within the jurisdictional
limits of the county court as set forth in Section 9-9-21, * * * or in the justice
court if the value of the seized property is within the jurisdictional limits
of the justice court as set forth in Section 9-11-9. A copy of such
petition shall be served upon the following persons by service of process in
the same manner as in civil cases:
(a) The owner of the property, if address is known;
(b) Any secured party
who has registered his lien or filed a financing statement as provided by law,
if the identity of such secured party can be ascertained by the Department of
Wildlife * * *,
Fisheries and Parks or the local law enforcement agency by making a good faith
effort to ascertain the identity of such secured party as described in
subsections (3), (4), (5), (6) and (7) of this section;
(c) Any other bona
fide lienholder or secured party or other person holding an interest in the
property in the nature of a security interest of whom the Department of
Wildlife * * *,
Fisheries and Parks or the local law enforcement agency has actual
knowledge; and
(d) Any person in possession of property subject to forfeiture at the time that it was seized.
(3) If the property is a
motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title
Law and if there is any reasonable cause to believe that the vehicle has been
titled, the Department of Wildlife * * *, Fisheries and Parks or
the local law enforcement agency shall make inquiry of the * * *
Department
of Revenue as to what the records of the * * * Department of Revenue
show as to who is the record owner of the vehicle and who, if anyone, holds any
lien or security interest which affects the vehicle.
(4) If the property is a
motor vehicle and is not titled in the State of Mississippi, then the
Department of Wildlife * * *, Fisheries and Parks or the local law
enforcement agency shall attempt to ascertain the name and address of the
person in whose name the vehicle is licensed, and if the vehicle is licensed in
a state which has in effect a certificate of title law, the Department of
Wildlife * * *,
Fisheries and Parks or the local law enforcement agency shall make inquiry
of the appropriate agency of that state as to what the records of the agency
show as to who is the record owner of the vehicle and who, if anyone, holds any
lien, security interest or other instrument in the nature of a security device
which affects the vehicle.
(5) If the property is of a
nature that a financing statement is required by the laws of this state to be
filed to perfect a security interest affecting the property and if there is any
reasonable cause to believe that a financing statement covering the security
interest has been filed under the laws of this state, the Department of
Wildlife * * *,
Fisheries and Parks or the local law enforcement agency shall make inquiry of
the appropriate office designated in Section 75-9-501, * * * as to what the
records show as to who is the record owner of the property and who, if anyone,
has filed a financing statement affecting the property.
(6) If the property is an
aircraft or part thereof and if there is any reasonable cause to believe that
an instrument in the nature of a security device affects the property, then the
Department of Wildlife * * *, Fisheries and Parks or the local law enforcement
agency shall make inquiry of * * * the Mississippi * * *
Transportation
Commission as to what the records of the Federal Aviation Administration show
as to who is the record owner of the property and who, if anyone, holds an
instrument in the nature of a security device which affects the property.
(7) In the case of all
other personal property subject to forfeiture, if there is any reasonable cause
to believe that an instrument in the nature of a security device affects the
property, then the Department of Wildlife * * *, Fisheries and Parks or
the local law enforcement agency shall make a good faith inquiry to identify
the holder of any such instrument.
(8) In the event the answer
to an inquiry states that the record owner of the property is any person other
than the person who was in possession of it when it was seized, or states that
any person holds any lien, encumbrance, security interest, other interest in
the nature of a security interest, mortgage or deed of trust which affects the
property, the Department of Wildlife * * *, Fisheries and Parks or
the local law enforcement agency shall cause any record owner and also any
lienholder, secured party, other person who holds an interest in the property
in the nature of a security interest which affects the property to be named in
the petition of forfeiture and to be served with process in the same manner as
in civil cases.
(9) If the owner of the
property cannot be found and served with a copy of the petition of forfeiture,
or if no person was in possession of the property subject to forfeiture at the
time that it was seized and the owner of the property is unknown, the
Department of Wildlife * * *, Fisheries and Parks or the local law
enforcement agency shall file with the clerk of the court in which the
proceeding is pending an affidavit to such effect, whereupon the clerk of the
court shall publish notice of the hearing addressed to "the Unknown Owner
of _______________," filling in the blank space with a reasonably detailed
description of the property subject to forfeiture. Service by publication
shall contain the other requisites prescribed in Section 11-33-41, Mississippi
Code of 1972, and shall be served as provided in Section 11-33-37, Mississippi
Code of 1972, for publication of notice for attachments at law.
(10) No proceedings instituted pursuant to the provisions of this section shall proceed to hearing unless the judge conducting the hearing is satisfied that this section has been complied with. Any answer received from an inquiry required by subsections (3) through (7) of this section shall be introduced into evidence at the hearing.
SECTION 2. This act shall take effect and be in force from and after July 1, 2015.
