A bill introduced by Rep. Mark Baker, HB 1104, would reinstate administrative forfeiture of certain property that is seized under the Uniformed Controlled Substance Law.
AN ACT TO REENACT SECTION 41-29-176, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES PROCEDURES FOR THE ADMINISTRATIVE FORFEITURE OF CERTAIN PROPERTY SEIZED UNDER THE UNIFORM CONTROLLED SUBSTANCES LAW, WHICH WAS AUTOMATICALLY REPEALED BY OPERATION OF LAW ON JULY 1, 2018; AND FOR RELATED PURPOSES.
In layman terms, it would give authorities the right to seize property, of a value up to $20,000, when taken under the Uniform Controlled Substance Law. It does not include the seizure of a controlled substance, paraphernalia, or raw material.
I am standing with law enforcement on HB 1104. Send the bill to my desk, and I will sign it. https://t.co/R1Yxobk7EM
— Phil Bryant (@PhilBryantMS) January 24, 2019
An attorney for the seizing agency must provide notice of the intent, with some exceptions allowed in the event a notice cannot be sent in time. An individual is permitted the right to contest.
If no petition to contest forfeiture is timely filed and a seizure warrant was properly obtained, the district attorney or his or her designee or the attorney for the bureau, as applicable, 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 Section 41-29-181.
The bill has been referred to the Judiciary A Committee in the House.
Sarah Ulmer
