Bill Text: MS SB2374 | 2021 | Regular Session | Introduced


Bill Title: Violent or disorderly assemblies; criminalize.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-02-02 - Died In Committee [SB2374 Detail]

Download: Mississippi-2021-SB2374-Introduced.html

MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Judiciary, Division A; Judiciary, Division B

By: Senator(s) Hill

Senate Bill 2374

AN ACT TO CRIMINALIZE THE INCITING OR PARTICIPATION IN A VIOLENT OR DISORDERLY ASSEMBLY; TO PROVIDE FOR CERTAIN ENHANCEMENTS FOR THE CONVICTION OF PARTICIPATING IN A VIOLENT OR DISORDERLY ASSEMBLY; TO SET A CERTAIN JAIL TERM FOR ANY DEFENDANT CONVICTED OF A CRIME UNDER THIS ACT WHO USED FORCE OR VIOLENCE AGAINST A LAW ENFORCEMENT OFFICER DURING THE COMMISSION OF THE OFFENSE; TO CRIMINALIZE THE MALICIOUS OBSTRUCTION OF A PUBLIC STREET, HIGHWAY OR ROAD DURING A VIOLENT OR DISORDERLY PROTEST OR ASSEMBLY; TO PROVIDE CIVIL AND CRIMINAL IMMUNITY TO ANY DRIVER FLEEING FOR SAFETY FROM A MOB DURING A DISORDERLY OR VIOLENT ASSEMBLY; TO CRIMINALIZE THE WILLFUL DESTRUCTION OR TOPPLING OF MONUMENTS; TO CRIMINALIZE THE WILLFUL HARASSMENT OR INTIMIDATION OF PERSONS AT PUBLIC ACCOMMODATIONS; TO PROVIDE THAT A LOCAL GOVERNMENT UNIT THAT REDUCES FUNDING TO ITS LOCAL LAW ENFORCEMENT AGENCY BY A CERTAIN AMOUNT SHALL BE INELIGIBLE FOR ANY STATE FUNDING; TO PROVIDE THAT ANY PUBLIC EMPLOYEE CONVICTED UNDER THIS ACT MAY NOT MAINTAIN EMPLOYMENT WITH ANY STATE OR LOCAL GOVERNMENT ENTITY; TO PROVIDE THAT ANY PERSON CONVICTED UNDER THIS ACT SHALL BE INELIGIBLE FOR GOVERNMENT ASSISTANCE PROGRAMS; TO PROVIDE THAT ANY DEFENDANT CHARGED UNDER THIS ACT AND SUBJECT TO A SENTENCING ENHANCEMENT SHALL BE INELIGIBLE FOR BAIL UNTIL THE DEFENDANT'S FIRST APPEARANCE IN COURT AND THAT THERE SHALL BE A REBUTTABLE PRESUMPTION AGAINST BAIL TO THE DEFENDANT; TO AMEND SECTION 11-46-1, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERM "LOCAL GOVERNMENT UNIT"; TO CREATE NEW SECTION 11-46-6, MISSISSIPPI CODE OF 1972, TO WAIVE THE IMMUNITY OF LOCAL GOVERNMENT UNITS FOR SUITS BY THE VICTIM OF A CRIME RELATED TO A RIOT OR A VIOLENT OR DISORDERLY ASSEMBLY WHERE THE LOCAL GOVERNMENT UNIT WAS GROSSLY NEGLIGENT IN ITS FAILURE TO PROTECT THE VICTIM OF THE CRIME; TO AMEND SECTION 97-43-3, MISSISSIPPI CODE OF 1972, TO AMEND THE DEFINITION OF "RACKETEERING ACTIVITY" TO INCLUDE THE OFFENSES DESCRIBED IN THIS ACT; TO AMEND SECTION 21-35-9, MISSISSIPPI CODE OF 1972, TO REQUIRE THE GOVERNING AUTHORITIES OF A MUNICIPALITY TO CERTIFY THAT ANY REDUCTION OF A MUNICIPALITY'S LAW ENFORCEMENT BUDGET HAS NOT BEEN DISPROPORTIONATE AND TO PROVIDE THAT ANY MUNICIPALITY THAT DISPROPORTIONATELY REDUCES ITS LAW ENFORCEMENT BUDGET SHALL NOT BE ELIGIBLE FOR STATE FUNDS; TO AMEND SECTION 19-11-7, MISSISSIPPI CODE OF 1972, TO REQUIRE THE GOVERNING AUTHORITIES OF A COUNTY TO CERTIFY THAT ANY REDUCTION OF A COUNTY'S LAW ENFORCEMENT BUDGET HAS NOT BEEN DISPROPORTIONATE AND TO PROVIDE THAT ANY COUNTY THAT DISPROPORTIONATELY REDUCES ITS LAW ENFORCEMENT BUDGET SHALL NOT BE ELIGIBLE FOR STATE FUNDS; TO AMEND SECTION 97-3-111, MISSISSIPPI CODE OF 1972, TO SUBJECT VEHICLES USED TO BLOCK ROADS OR DESTROY MONUMENTS TO FORFEITURE; TO STATE LEGISLATIVE INTENT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  As used in this act, the following words shall have the meanings ascribed below unless the context clearly requires otherwise:

          (a)  "Violent or disorderly assembly" means the gathering of ten (10) or more persons resulting in conduct which:

              (i)  Creates an immediate danger of damage to property or injury to persons;

              (ii)  Obstructs law enforcement or other governmental functions or services substantially; and

              (iii)  Deprives, by force, threat of force or physical action, any person of a legal right or disturbs any person in the enjoyment of a legal right.

     A "violent or disorderly assembly" also means a gathering of ten (10) or more people who disobey or refuse to heed a lawful order to disburse.

          (b)  "Harass" means to engage in conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.

          (c)  "Intimidate" means to frighten or threaten someone for the purpose of coercing that person to take action.

          (d)  "Law enforcement officer" means any officers as defined by Section 45-6-3(c) and (d).

     SECTION 2.  (1)  A person who:

          (a)  Incites a violent or disorderly assembly;

          (b)  Organizes, promotes, encourages, participates in, or carries out a violent or disorderly assembly;

          (c)  Commits any act in furtherance of a violent or disorderly assembly; or

          (d)  Aids or abets any person in inciting or participating in or carrying on a violent or disorderly assembly; with intent shall be fined up to Three Thousand Dollars ($3,000.00) or imprisoned for a term of years not exceeding two (2) years, or both.

     (2)  It is a defense to prosecution under subsection (1) of this section that the assembly was at first lawful and the person retired from the assembly once one of those assembled manifested an intent to engage in the conduct described in Section 1(a) of this act.

     (3)  In its discretion, the sentencing authority may enhance the sentence of any defendant convicted under subsection (1) of this section by a fine of Two Thousand Dollars ($2,000.00) or imprisonment for a term of two (2) years in addition to the penalties described in subsection (1) of this section if the defendant:

          (a)  Struck a civilian or law enforcement officer with a projectile during a violent or disorderly assembly;

          (b)  Assaulted or used force or violence against a law enforcement officer during a violent or disorderly assembly; or

          (c)  Participated in a violent or disorderly assembly as a nonresident of Mississippi.

     (4)  A defendant convicted under subsection (1) of this section shall be sentenced to a term of at least six (6) months imprisonment if the defendant willfully used force or violence, including by use of a projectile, against a law enforcement officer during the commission of the offense.

     SECTION 3.  (1)  A person who maliciously obstructs the free, convenient and normal use of any public street, highway, road or interstate during an unpermitted protest or a violent or disorderly assembly shall be fined up to One Thousand Dollars ($1,000.00) or imprisoned for a term not exceeding one (1) year in the county jail, or both.  A defendant convicted under this subsection shall, at a minimum, be imprisoned in the county jail for a term of twenty-five (25) days.

     (2)  If an emergency vehicle is delayed as a result of the unlawful conduct described in subsection (1) of this section, a defendant under this section, in addition to the penalties described in subsection (1) of this section and any other enhancements, shall be fined One Thousand Five Hundred Dollars ($1,500.00) and imprisoned for a term of at least one (1) year and not to exceed five (5) years in the custody of the Mississippi Department of Corrections.

     (3)  If motor vehicles of persons attempting to pass the unlawful conduct described in subsection (1) of this section are damaged, a defendant under this subsection, in addition to penalties described in subsection (1) of this section and any other enhancements, shall be fined Five Hundred Dollars or imprisoned for a term of at least twenty-five (25) days in jail but not to exceed two (2) years in the custody of the Mississippi Department of Corrections, or both.  Where damages over One Thousand Dollars ($1,000.00) are incurred as a result of the defendant's actions under this subsection, a defendant shall be imprisoned for a term of at least one (1) year and not to exceed five years (5) years in the custody of the Mississippi Department of Corrections.

     (4)  A person who operates a motor vehicle to escape a mob during an unpermitted protest or violent or disorderly assembly shall not be liable for any unintended injury or death caused as a result of the person's flight to safety.  For purposes of this subsection, a "mob" means a crowd of more than ten (10) people who are participating in a violent or disorderly assembly as defined in Section 1(a) of this act.

     SECTION 4.  A person who willfully destroys, defaces, vandalizes, or topples any monument as defined in Section 55-15-81(1) during a violent or disorderly assembly shall be fined up to Ten Thousand Dollars ($10,000.00) or imprisoned for a term of at least twenty-five (25) days but not exceeding ten (10) years, or both.  Where damages over One Thousand Dollars ($1,000.00) are incurred as a result of the defendant's actions under this subsection, a defendant shall be imprisoned for a term of at least one (1) year and not to exceed five years (5) years in the custody of the Mississippi Department of Corrections.

     SECTION 5.  A person who willfully harasses or intimidate any other person at a hotel, lodging place, business open to the public for the sale of any goods or services, and all places of public accommodation, amusement, or resort during a violent or disorderly assembly shall be fined up to One Thousand Dollars ($1,000.00) or imprisoned for a term of at least twenty-five (25) days in jail but not exceeding one (1) year in the county jail.

     SECTION 6.  To the extent permissible by federal law, a person convicted of any offense under this act shall be ineligible for any government assistance programs including, but not limited to, the Temporary Assistance to Needy Families program and the Supplemental Nutritional Assistance Program.  A person ineligible for government assistance programs under this section shall be required to reimburse to the state any funds the person received from any government assistance programs during the time period between when the person was charged with the offense and when the person was sentenced for the offense.

     SECTION 7.  Any public employee found guilty under Section 3 of this act may not maintain employment with any state or local government entity.

     SECTION 8.  (1)  For any offense under this act subject to an enhanced sentence, a defendant shall be ineligible for bail under the provisions of Sections 99-5-1 through 99-5-39 until the defendant's first appearance in court in order to ensure the full participation of prosecutor and the protection of the public.  There shall be a rebuttable presumption against the grant of bail to a defendant under this subsection.

     (2)  A court shall, in any sentence imposed for a violation under this act, include an order of restitution for any property damage or loss incurred as a result of the offense.  At its discretion, the court may require the defendant to make restitution to the owner of the property that was damaged in an amount up to twice the value of the property that was damaged.

     SECTION 9.  Section 11-46-1, Mississippi Code of 1972, is amended as follows:

     11-46-1.  As used in this chapter, the following terms shall have the meanings ascribed unless the context otherwise requires:

          (a)  "Claim" means any demand to recover damages from a governmental entity as compensation for injuries.

          (b)  "Claimant" means any person seeking compensation under the provisions of this chapter, whether by administrative remedy or through the courts.

          (c)  "Board" means the Mississippi Tort Claims Board.

          (d)  "Department" means the Department of Finance and Administration.

          (e)  "Director" means the executive director of the department who is also the executive director of the board.

          (f)  "Employee" means any officer, employee or servant of the State of Mississippi or a political subdivision of the state, including elected or appointed officials and persons acting on behalf of the state or a political subdivision in any official capacity, temporarily or permanently, in the service of the state or a political subdivision whether with or without compensation, including firefighters who are members of a volunteer fire department that is a political subdivision.  The term "employee" shall not mean a person or other legal entity while acting in the capacity of an independent contractor under contract to the state or a political subdivision; and

              (i)  For purposes of the limits of liability provided for in Section 11-46-15, the term "employee" shall include:

                   1.  Physicians under contract to provide health services with the State Board of Health, the State Board of Mental Health or any county or municipal jail facility while rendering services under the contract;

                   2.  Any physician, dentist or other health care practitioner employed by the University of Mississippi Medical Center (UMMC) and its departmental practice plans who is a faculty member and provides health care services only for patients at UMMC or its affiliated practice sites, including any physician or other health care practitioner employed by UMMC under an arrangement with a public or private health-related organization;

                   3.  Any physician, dentist or other health care practitioner employed by any university under the control of the Board of Trustees of State Institutions of Higher Learning who practices only on the campus of any university under the control of the Board of Trustees of State Institutions of Higher Learning;

                   4.  Any physician, dentist or other health care practitioner employed by the State Veterans Affairs Board and who provides health care services for patients for the State Veterans Affairs Board;

              (ii)  The term "employee" shall also include Mississippi Department of Human Services licensed foster parents for the limited purposes of coverage under the Tort Claims Act as provided in Section 11-46-8; and

              (iii)  The term "employee" also shall include any employee or member of the governing board of a charter school but shall not include any person or entity acting in the capacity of an independent contractor to provide goods or services under a contract with a charter school.

          (g)  "Governmental entity" means the state and political subdivisions, including any local government unit.

          (h)  "Injury" means death, injury to a person, damage to or loss of property or any other injury that a person may suffer that is actionable at law or in equity.

          (i)  "Political subdivision" means any body politic or body corporate other than the state responsible for governmental activities only in geographic areas smaller than that of the state, including, but not limited to, any county, municipality, school district, charter school, volunteer fire department that is a chartered nonprofit corporation providing emergency services under contract with a county or municipality, community hospital as defined in Section 41-13-10, airport authority, or other instrumentality of the state, whether or not the body or instrumentality has the authority to levy taxes or to sue or be sued in its own name, including any local government unit.

          (j)  "State" means the State of Mississippi and any office, department, agency, division, bureau, commission, board, institution, hospital, college, university, airport authority or other instrumentality thereof, whether or not the body or instrumentality has the authority to levy taxes or to sue or be sued in its own name.

          (k)  "Law" means all species of law, including, but not limited to, any and all constitutions, statutes, case law, common law, customary law, court order, court rule, court decision, court opinion, court judgment or mandate, administrative rule or regulation, executive order, or principle or rule of equity.

          (l)  "Local government unit" means any county or incorporated city, town or village in the state, any school district, any community college, any institution of higher learning, any municipal airport authority, any regional airport authority or any port authority.

     SECTION 10.  The following shall be codified as Section 11-46-6, Mississippi Code of 1972:

     11-46-6.  (1)  Local government units have a duty of reasonable care to protect individuals within their borders from being harmed or suffering property damage caused by participants in a riot or violent or disorderly assembly.

     (2)  Notwithstanding the immunity granted in Section 11-46-3, or the provisions of any other law to the contrary, the immunity of the local government units from claims for money damages from the victim of a crime related to a violent or disorderly assembly arising out of the gross negligence of local government units from failing to protect the victim from injuries or damages from violent or disorderly assemblies is waived.

     (3)  The immunity of a local government unit under subsection (1) of this section shall be waived only to the extent of the maximum amount of liability provided for in Section 11-46-15.

     SECTION 11.  Section 97-43-3, Mississippi Code of 1972, is amended as follows:

     97-43-3.  The following terms shall have the meanings ascribed to them herein unless the context requires otherwise:

          (a)  "Racketeering activity" means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce or intimidate another person to commit any crime which is chargeable under the following provisions of the Mississippi Code of 1972:

              (1)  Section 97-19-71, which relates to fraud in connection with any state or federally funded assistance programs.

              (2)  Section 75-71-735, which relates to violations of the Mississippi Securities Act.

              (3)  Sections 45-13-105, 45-13-109, 97-37-23 and 97-37-25, which relate to unlawful possession, use and transportation of explosives.

              (4)  Sections 97-3-19 and 97-3-21, which relate to murder.

              (5)  Section 97-3-7(2), which relates to aggravated assaults.

              (6)  Section 97-3-53, which relates to kidnapping.

              (7)  Sections 97-3-73 through 97-3-83, which relate to robbery.

              (8)  Sections 97-17-19 through 97-17-37, which relate to burglary.

              (9)  Sections 97-17-1 through 97-17-13, which relate to arson.

              (10)  Sections 97-29-49 and 97-29-51, which relate to prostitution.

              (11)  Sections 97-5-5 and 97-5-31 through 97-5-37, which relate to the exploitation of children and enticing children for concealment, prostitution or marriage.

              (12)  Section 41-29-139, which relates to violations of the Uniform Controlled Substances Law; provided, however, that in order to be classified as "racketeering activity," such offense must be punishable by imprisonment for more than one (1) year.

              (13)  Sections 97-21-1 through 97-21-63, which relate to forgery and counterfeiting.

              (14)  Sections 97-9-1 through 97-9-77, which relate to offenses affecting administration of justice.

              (15)  Sections 97-33-1 through 97-33-49, which relate to gambling and lotteries.

              (16)  Section 97-3-54 et seq., which relate to human trafficking.

              (17)  Sections 1 through 4 of this act, which relate to violent or disorderly assemblies.

          (b)  "Unlawful debt" means money or any other thing of value constituting principal or interest of a debt which is legally unenforceable, in whole or in part, because the debt was incurred or contracted in gambling activity in violation of state law or in the business of lending money at a rate usurious under state law, where the usurious rate is at least twice the enforceable rate.

          (c)  "Enterprise" means any individual, sole proprietorship, partnership, corporation, union or other legal entity, or any association or group of individuals associated in fact although not a legal entity.  It includes illicit as well as licit enterprises and governmental, as well as other, entities.

          (d)  "Pattern of racketeering activity" means engaging in at least two (2) incidents of racketeering conduct that have the same or similar intents, results, accomplices, victims, or methods of commission or otherwise are interrelated by distinguishing characteristics and are not isolated incidents, provided at least one (1) of such incidents occurred after July 1, 1984, and that the last of such incidents occurred within five (5) years after a prior incident of racketeering conduct.

     SECTION 12.  Section 21-35-9, Mississippi Code of 1972, is amended as follows:

     21-35-9.  (1)  The budget as finally determined, in addition to setting out separately each item for which any appropriation of expenditures is authorized to be expended and the fund out of which the same is to be paid, shall set out the total amount appropriated and authorized to be expended from each fund, the cash balance in the fund at the close of the present preceding fiscal year, the working cash balance necessary for the next fiscal year, the estimated amount, if any, which will accrue to the fund from sources other than taxation for the current fiscal year, and the amount necessary to be raised for each fund by tax levy during the current fiscal year.  The governing authorities of the municipality shall then, by resolution, approve and adopt the budget as finally determined, and enter the same at length and in detail in their official minutes.

     (2)  (a)  If the budget of the municipality's law enforcement agencies is reduced, the governing authorities of the municipality shall certify to each state agency, through which it receives any state funds, that there has been no disproportionate funding reduction to the county's law enforcement agencies.  The certification must include a statement that any reduction in funding or proposed funding is a result of reduced revenue collection and is proportionate to that reduction in revenue.

          (b)  A reduction in law enforcement funding is proportionate if the portion of the local government's total budget allocated to law enforcement agencies, expressed as a percentage, remains within three (3) percentage points of the percentage decrease in total revenue from the previous fiscal year to the current fiscal year.

          (c)  A municipality that has disproportionately reduced its law enforcement funding shall not be eligible to receive state funds.

     (3)  The * * * board of governing authorities of the municipality shall not authorize any expenditure of money, and the city clerk shall not issue any warrant for same, except for bonds, notes, debts and interest, after October 1 in each year, unless and until the budget be finally approved, and such approval entered upon their minutes.

     SECTION 13.  Section 19-11-7, Mississippi Code of 1972, is amended as follows:

     [With regard to any county which is exempt from the provisions of Section 19-2-3, this section shall read as follows:]

     19-11-7.  (1)  The board of supervisors of each county of the State of Mississippi shall, at its August meeting of each year, prepare a complete budget of revenues, expenses and a working cash balance estimated for the next fiscal year, which shall be based on the aggregate funds estimated to be available for the ensuing fiscal year for each fund, from which such estimated expenses will be paid, exclusive of school maintenance funds, which shall be shown separately.  Such statement of revenues shall show every source of revenue along with the amount derived from each source. The budget containing such statement of revenues and expenses shall be published at least one (1) time during August or September but not later than September 30 of the year in a newspaper published in the county, or if no newspaper is published therein, then in a newspaper having a general circulation therein.

     (2)  The board of supervisors shall not prepare a budget that reduces the county budget by more than twenty percent (20%) in the last year of the members' term of office if a majority of the members of the board are not reelected.

     (3)  (a)  If the budget of the county's law enforcement agencies is reduced, the board of supervisors shall certify to each state agency, through which it receives any state funds, that there has been no disproportionate funding reduction to the county's law enforcement agencies.  The certification must include a statement that any reduction in funding or proposed funding is a result of reduced revenue collection and is proportionate to that reduction in revenue.

          (b)  A reduction in law enforcement funding is proportionate if the portion of the local government's total budget allocated to law enforcement agencies, expressed as a percentage, remains within three (3) percentage points of the percentage decrease in total revenue from the previous fiscal year to the current fiscal year.

          (c)  A county that has disproportionately reduced its law enforcement funding shall not be eligible to receive state funds.

     [With regard to any county which is required to operate on a countywide system of road administration as described in Section 19-2-3, this section shall read as follows:]

     19-11-7.  (1)  The county administrator of each county of the State of Mississippi shall prepare and submit to the board of supervisors at its August meeting of each year a complete budget of revenues, expenses and a working cash balance estimated for the next fiscal year, which shall be based on the aggregate funds estimated to be available for the ensuing fiscal year for each fund, from which such estimated expenses will be paid, exclusive of school maintenance funds, which shall be shown separately and exclusive of the budget of the sheriff's department which shall be prepared by the sheriff.  Such statement of revenues shall show every source of revenue along with the amount derived from each source.  The budget, including the sheriff's budget, containing such statement of revenues and expenses shall be published at least one (1) time during August or September but not later than September 30 of the year in a newspaper published in the county, or if no newspaper is published therein, then in a newspaper having a general circulation therein.

     (2)  The county administrator shall not prepare a budget that reduces the county budget by more than twenty percent (20%) in the last year of the members' term of office if a majority of the members of the board are not reelected.

     (3)  (a)  If the budget of the county's law enforcement agencies is reduced, the county administrator shall certify to each state agency, through which it receives any state funds, that there has been no disproportionate funding reduction to the county's law enforcement agencies.  The certification must include a statement that any reduction in funding or proposed funding is a result of reduced revenue collection and is proportionate to that reduction in revenue.

          (b)  A reduction in law enforcement funding is proportionate if the portion of the local government's total budget allocated to law enforcement agencies, expressed as a percentage, remains within three (3) percentage points of the percentage decrease in total revenue from the previous fiscal year to the current fiscal year.

          (c)  A county that has disproportionately reduced its law enforcement funding shall not be eligible to receive state funds.

     SECTION 14.  Section 97-3-111, Mississippi Code of 1972, is amended as follows:

     97-3-111.  (1)  All vehicles which are used in any manner to facilitate the discharging of a firearm or the throwing or ejection of a bomb or explosive device in violation of Section 97-3-109, all vehicles which are used in any manner to obstruct any public street, highway, road or interstate in violation of Section 3 of this act, and all vehicles which are used to willfully destroy, deface, vandalize or topple any monument in violation of Section 4 of this act shall be subject to forfeiture, however:

          (a)  No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of Section 97-3-109 and this section;

          (b)  No conveyance is subject to forfeiture under this section by reason of any act or omission proved by the owner thereof to have been committed or omitted without his knowledge or consent; if the confiscating authority has reason to believe that the conveyance is a leased or rented conveyance, then the confiscating authority shall notify the owner of the conveyance within five (5) days of the confiscation;

          (c)  A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the act or omission.

     (2)  Except as otherwise provided in subsection (16), when any property is seized pursuant to subsection (1), proceedings under this section shall be instituted promptly.

     (3)  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 (a) the circuit court, or (b) 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, Mississippi Code of 1972, or (c) the youth court in the case of a person adjudicated delinquent where the underlying basis for the delinquency is a violation of Section 97-3-109, Mississippi Code of 1972.  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 local law enforcement agency by making a good faith effort to ascertain the identity of such secured party as described in subsections (4), (5), (6), (7) and (8) 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 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. 

     (4)  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 local law enforcement agency shall make inquiry of the * * *State Tax Commission Department of Revenue as to what the records of the * * *State Tax Commission 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.

     (5)  If the property is a motor vehicle and is not titled in the State of Mississippi, then 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 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. 

     (6)  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 or other interest which affects the property, the local law enforcement agency shall cause any record owner and also any lienholder, secured party or 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. 

     (7)  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 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.

     (8)  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 (4) through (5) of this section shall be introduced into evidence at the hearing.

     (9)  Except as otherwise provided in subsection (16), an owner of property that has been seized pursuant to subsection (1) shall file an answer within thirty (30) days after the completion of service of process.  If an answer is not filed, the court shall hear evidence that the property is subject to forfeiture and forfeit the property to the local law enforcement agency.  If an answer is filed, a time for hearing on forfeiture shall be set within thirty (30) days of filing the answer or at the succeeding term of court, if court would not be in progress within thirty (30) days after filing the answer.  Provided, however, that upon request by the local law enforcement agency or the owner of the property, the court may postpone said forfeiture hearing to a date past the time any criminal action is pending against said owner. 

     (10)  If the owner of the property has filed an answer denying that the property is subject to forfeiture, then the burden is on the petitioner to prove that the property is subject to forfeiture.  However, if an answer has not been filed by the owner of the property, the petition for forfeiture may be introduced into evidence and is prima facie evidence that the property is subject to forfeiture.  The standard of proof placed upon the petitioner in regard to property forfeited under the provisions of Section 97-3-109 and this section shall be by a preponderance of the evidence. 

     (11)  At the hearing any claimant of any right, title or interest in the property may prove his lien, encumbrance, security interest or other interest in the nature of a security interest to be bona fide and created without knowledge or consent that the property was to be used so as to cause the property to be subject to forfeiture. 

     (12)  If it is found that the property is subject to forfeiture, then the judge shall forfeit the property to the local law enforcement agency.  However, if proof at the hearing discloses that the interest of any bona fide lienholder, secured party or other person holding an interest in the property in the nature of a security interest is greater than or equal to the present value of the property, the court shall order the property released to him.  If such interest is less than the present value of the property and if the proof shows that the property is subject to forfeiture, the court shall order the property forfeited to the local law enforcement agency. 

     (13)  All other property which is forfeited under this section shall be liquidated and, after deduction of court costs and the expenses of liquidation, the proceeds shall be divided and deposited as follows:

          (a)  In the event only one (1) law enforcement agency participates in the underlying criminal case out of which the forfeiture arises, fifty percent (50%) of the proceeds shall be forwarded to the State Treasurer and deposited in the General Fund of the state and fifty percent (50%) of the proceeds shall be deposited and credited to the budget of the participating law enforcement agency. 

          (b)  In the event more than one (1) law enforcement agency participates in the underlying criminal case out of which the forfeiture arises, fifty percent (50%) of the proceeds shall be deposited and credited to the budget of the law enforcement agency whose officers initiated the criminal case and fifty percent (50%) shall be divided equitably between or among the other participating law enforcement agencies, and shall be deposited and credited to the budgets of the participating law enforcement agencies.  In the event that the other participating law enforcement agencies cannot agree on the division of their fifty percent (50%), a petition shall be filed by any one (1) of them in the court in which the civil forfeiture case is brought and the court shall make an equitable division. 

     (14)  All other property that has been forfeited shall, except as otherwise provided, be sold at a public auction for cash by the chief law enforcement officer of the initiating law enforcement agency, or his designee, to the highest and best bidder after advertising the sale for at least once each week for three (3) consecutive weeks, the last notice to appear not more than ten (10) days nor less than five (5) days prior to such sale, in a newspaper having a general circulation in the jurisdiction in which said law enforcement agency is located.  Such notices shall contain a description of the property to be sold and a statement of the time and place of sale.  It shall not be necessary to the validity of such sale either to have the property present at the place of sale or to have the name of the owner thereof stated in such notice.  The proceeds of the sale shall be disposed of as follows:

          (a)  To any bona fide lienholder, secured party or other party holding an interest in the property in the nature of a security interest, to the extent of his interest; and

          (b)  The balance, if any, remaining after deduction of all storage, court costs and expenses of liquidation shall be divided, forwarded and deposited in the same manner set out in subsection (13) of this section. 

     (15)  The * * *State Tax Commission Department of Revenue shall issue a certificate of title to any person who purchases property under the provisions of this section when a certificate of title is required under the laws of this state. 

     (16)  When any property the value of which does not exceed Five Thousand Dollars ($5,000.00) is seized pursuant to subsection (1), the property may be forfeited by the administrative forfeiture procedures provided for in subsections (16) through (22). 

     (17)  The attorney for the seizing law enforcement agency shall provide notice of intention to forfeit the seized property administratively, by certified mail, return receipt requested, to all persons who are required to be notified. 

     (18)  In the event that notice of intention to forfeit the seized property administratively cannot be given as provided in subsection (17) of this section because of refusal, failure to claim, insufficient address or any other reason, the attorney for the seizing law enforcement agency shall provide notice by publication in a newspaper of general circulation in the county in which the seizure occurred for once a week for three (3) consecutive weeks. 

     (19)  Notice pursuant to subsections (17) and (18) of this section shall include the following information:

          (a)  A description of the property;

          (b)  The approximate value of the property;

          (c)  The date and place of the seizure;

          (d)  The connection between the property and the violation of Section 97-3-109;

          (e)  The instructions for filing a request for judicial review; and

          (f)  A statement that the property will be forfeited to the seizing law enforcement agency if a request for judicial review is not timely filed. 

     (20)  Persons claiming an interest in the seized property may initiate judicial review of the seizure and proposed forfeiture by filing a request for judicial review with the attorney for the seizing law enforcement agency, within thirty (30) days after receipt of the certified letter or within thirty (30) days after the first publication of notice, whichever is applicable. 

     (21)  If no request for judicial review is timely filed, the attorney for the seizing law enforcement agency shall prepare a written declaration of forfeiture of the subject property and the forfeited property shall be used, distributed or disposed of in accordance with the provisions of this section. 

     (22)  Upon receipt of a timely request for judicial review, the attorney for the seizing law enforcement agency shall promptly file a petition for forfeiture and proceed as provided in subsections (3) through (15).

     SECTION 15.  It is the intent of the Legislature that:

          (a)  Nothing in the provisions of this act shall be construed to infringe and impede upon any individual's First Amendment rights.

          (b)  Every provision of this act shall operate with equal force and shall be severable one from the other and that, in the event that any provision of this act shall be held invalid or unenforceable by a court of competent jurisdiction, the provision shall be severable and the remaining provisions of this act shall be fully enforceable.

          (c)  The provisions of this act are supplementary to the provisions of any other statute of this state.

     SECTION 16.  This act shall take effect and be in force from and after July 1, 2021.


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