Bill Text: MS SB2477 | 2016 | Regular Session | Introduced

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Bill Title: Forfeiture transparency; establish task force.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2016-02-23 - Died In Committee [SB2477 Detail]

Download: Mississippi-2016-SB2477-Introduced.html

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MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Judiciary, Division A; Accountability, Efficiency, Transparency

By: Senator(s) Tindell

Senate Bill 2477

AN ACT TO CREATE THE FORFEITURE TRANSPARENCY TASK FORCE; TO PROVIDE FOR THE MEMBERSHIP OF THE TASK FORCE; TO PROVIDE THE DUTIES OF THE TASK FORCE; TO PROVIDE STAFF TO ASSIST THE TASK FORCE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  There is created the Forfeiture Transparency Task Force to address the lack of transparency in certain civil and criminal seizures, forfeitures and disposition of real and personal property.  Under state and federal forfeiture laws, state law enforcement agencies can seize money, vehicles, and other property, have them sold and use the proceeds to fund agency budgets.  It is the responsibility of state legislators to monitor forfeiture.  The goal of the task force is to provide legislators with the information necessary for basic oversight of members of the executive branch law enforcement agencies that seize and forfeit private property under state and federal forfeiture laws.  The task force shall be composed of eleven (11) members.

     (2)  At its first meeting, the task force shall elect a chairman and a vice chairman from its membership and shall adopt rules for transacting its business and keeping records.  Members shall receive a per diem in the amount provided in Section 25-3-69 for each day engaged in the business of the task force.  Members of the task force other than legislative members shall receive reimbursement for travel expenses incurred while engaged in official business of the task force in accordance with Section 25-3-41 and the legislative members of the task force shall receive the expense allowance provided in Section 5-1-47.

     (3)  The duties of the task force shall be to:

          (a)  Establishment and maintenance of a searchable public website that includes the following information from closed cases involving currency and property other than currency seized by a state, county or municipal law enforcement agency under federal or state law:

              (i)  The name of the law enforcement agency that seized the property;

              (ii)  A description of each seized property, other than currency including the make and model; those details shall not be required when publishing them would compromise an ongoing investigation;

              (iii)  The date the law enforcement agency seized the property;

              (iv)  The estimated value of the seized property;

              (v)  Whether the suspect was charged with a crime;

              (vi)  The criminal offense alleged to have been committed that led to the property's seizure;

              (vii)  Whether the criminal offense is under federal or state law;

              (viii)  A description of the case's resolution, such as dropped charges, acquittal, plea agreement, jury conviction or other

              (ix)  Whether the forfeiture litigation was completed under civil or criminal procedures;

               (x)  Whether the forfeiture litigation was litigated by a suspect, innocent owner claimant, joint-owners or other property owner;

              (xi)  The date of the sale, if the property was sold;

              (xii)  Selling expenses associated with the property's sale;

              (xiii)  The total net proceeds received from the property's sale;

              (xiv)  The proceeds received by the law enforcement agency from the property's sale;

              (xv)  If the property was retained, the purpose for which it was used; provided, however, that such details shall not be required when publishing them would compromise an ongoing investigation;

              (xvi)  The date of the destruction if the property was destroyed; and

              (xvii)  The date of the return of the property if the property was returned to an owner or interest holder, by the law enforcement agency, prosecuting authority or by court order.

          (b)  The total amount of funds expended in all categories which resulted from property seized.

          (c)  Protection of the property of an innocent owner.

          (d)  Substitution of assets in theory and in practice.

          (e)  Joint and several liability of defendants in forfeiture proceedings.

          (f)  Report its findings to the Legislature and the Governor by December 1, 2016.

     (4)  The Joint Committee on Performance Evaluation and Expenditure Review shall provide staff to assist the task force in carrying out its duties required by this section.

     (5)  This section shall stand repealed on July 1, 2017.   SECTION 2.  This act shall take effect and be in force from and after July 1, 2016.