Administrative forfeiture for seized property; bring forward section related to unlawful controlled substances.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Horan

HOUSE BILL NO. 1600

AN ACT TO REENACT AND AMEND SECTION 41-29-176, MISSISSIPPI 1
CODE OF 1972, WHICH WAS REPEALED BY OPERATION OF LAW ON JULY 1, 2
2018; TO PROVIDE ADMINISTRATIVE FORFEITURE PROCEDURES FOR CERTAIN 3
SEIZED PROPERTY UNDER THE UNIFORM CONTROLLED SUBSTANCES LAW THAT 4
HAS A VALUE OF LESS THAN TWENTY THOUSAND DOLLARS; TO AMEND SECTION 5
41-29-160, MISSISSIPPI CODE OF 1972, TO UPDATE LANGUAGE IN THE 6
SECTION; TO BRING FORWARD SECTIONS 41-29-154, 41-29-155, 7
41-29-157, 41-29-159, 41-29-161, 41-29-163, 41-29-165, 41-29-167, 8
41-29-168, 41-29-169, 41-29-171, 41-29-173, 41-29-175, 9
41-29-176.1, 41-29-177, 41-29-179, 41-29-181, 41-29-183, 10
41-29-185, 41-29-187 AND 41-29-189, MISSISSIPPI CODE OF 1972, 11
WHICH PROVIDE FOR FORFEITURE OF DRUG PARAPHERNALIA AND PERSONAL 12
PROPERTY AS RESULT OF CRIMES RELATED TO CONTROLLED SUBSTANCES, FOR 13
PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES. 14
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 15
SECTION 1. Section 41-29-176, Mississippi Code of 1972, 16
which was repealed by operation of law on July 1, 2018, is 17
reenacted and amended as follows: 18
41-29-176. (1) Except as otherwise provided in Section 19
41-29-107.1, when any property other than a controlled substance, 20
raw material or paraphernalia, the value of which does not exceed 21
Twenty Thousand Dollars ($20,000.00), is seized under the Uniform 22
Controlled Substances Law, the property may be forfeited by the 23
administrative forfeiture procedures provided for in this section. 24
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(2) The attorney for or any representative of the seizing 25
law enforcement agency shall provide notice of intention to 26
forfeit the seized property administratively, either by certified 27
mail, return receipt requested, or by personal delivery, to all 28
persons who are required to be notified pursuant to Section 29
41-29-177(2). 30
(3) If notice of intention to forfeit the seized property 31
administratively cannot be given as provided in subsection (2) of 32
this section because of refusal, failure to claim, insufficient 33
address or any other reason, the attorney for or representative of 34
the seizing law enforcement agency shall provide notice by 35
publication in a newspaper of general circulation in the county in 36
which the seizure occurred for once a week for three (3) 37
consecutive weeks. However, if the value of the property seized 38
does not exceed Ten Thousand Dollars ($10,000.00), substitute 39
notice under this subsection (3) of intention to administratively 40
forfeit the property may be made by posting a notice on an 41
official state government forfeiture site for at least thirty (30) 42
consecutive days. The site shall be created and maintained by the 43
Mississippi Bureau of Narcotics. Should other seizing law 44
enforcement agencies choose to utilize the site for Internet 45
publication, the bureau may charge a reasonable fee for such 46
usage. 47
(4) Notice pursuant to subsections (2) and (3) of this 48
section shall include the following information: 49
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(a) A description of the property; 50
(b) The approximate value of the property; 51
(c) The date and place of the seizure; 52
(d) The connection between the property and the 53
violation of the Uniform Controlled Substances Law; 54
(e) The instructions for filing a request for judicial 55
review; * * * 56
(f) The seizing law enforcement agency's mailing 57
address; and 58
( * * *g) A statement that the property will be 59
forfeited to the seizing law enforcement agency if a request for 60
judicial review is not timely filed. 61
(5) Any person claiming an interest in property which is the 62
subject of a notice under this section may, within thirty (30) 63
days after receipt of the notice or of the date of the first 64
publication of the notice, * * * may contest the forfeiture of the 65
seized property by sending a written notice of contest to the 66
seizing law enforcement agency at the address listed on the notice 67
of intent to forfeit. The claimant's written notice of contest 68
shall contain the following information: 69
(a) Identification of any item(s) of property the 70
claimant seeks to recover; 71
(b) State the contesting interested party's name, 72
physical address, and phone number; 73
(c) A request for judicial review of the seizure; and 74
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(d) signature of the claimant and date of the notice of 75
contest. 76
(6) Upon receipt of the notice to contest, the seizing law 77
enforcement agency shall have thirty (30) days to file a petition 78
to forfeit the seized property in the county court, if a county 79
court exists, or otherwise in the circuit court, of the county in 80
which the seizure is made or the county in which the criminal 81
prosecution is brought. Service of the petition shall be made on 82
each interested party in accordance with the Mississippi Rules of 83
Civil Procedure, and the proceedings shall thereafter be governed 84
by the rules of civil procedure. 85
( * * *7) If no * * * written notice to contest forfeiture 86
is timely sent to the seizing law enforcement agency, and if * * * 87
a seizure warrant was properly obtained, the district attorney or 88
his or her designee or the attorney for the bureau, as applicable, 89
shall prepare a written declaration of forfeiture of the subject 90
property and the forfeited property shall be used, distributed or 91
disposed of in accordance with the provisions of Section 92
41-29-181. 93
SECTION 2. Section 41-29-154, Mississippi Code of 1972, is 94
brought forward as follows: 95
41-29-154. Any controlled substance or paraphernalia seized 96
under the authority of this article or any other law of 97
Mississippi or of the United States, shall be destroyed, 98
adulterated and disposed of or otherwise rendered harmless and 99
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disposed of, upon written authorization of the director, 100
Commissioner of the Mississippi Department of Revenue or the State 101
Health Officer of the Mississippi Department of Health, as 102
applicable, after such substance or paraphernalia has served its 103
usefulness as evidence or after such substance or paraphernalia is 104
no longer useful for training or demonstration purposes. 105
A record of the disposition of such substances and 106
paraphernalia and the method of destruction or adulteration 107
employed along with the names of witnesses to such destruction or 108
adulteration shall be retained by the director. 109
No substance or paraphernalia shall be disposed of, destroyed 110
or rendered harmless under the authority of this section without 111
an order from the director, Commissioner of the Mississippi 112
Department of Revenue or the State Health Officer of the 113
Mississippi Department of Health, as applicable, and without at 114
least two (2) officers or agents of the bureau present as 115
witnesses. 116
SECTION 3. Section 41-29-155, Mississippi Code of 1972, is 117
brought forward as follows: 118
41-29-155. The trial courts of this state shall have 119
jurisdiction to restrain or enjoin violations of this article. 120
The defendant may demand trial by jury for an alleged 121
violation of an injunction or restraining order under this 122
section. 123
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SECTION 4. Section 41-29-157, Mississippi Code of 1972, is 124
brought forward as follows: 125
41-29-157. (a) Except as otherwise provided in Section 126
41-29-107.1, issuance and execution of administrative inspection 127
warrants and search warrants shall be as follows, except as 128
provided in subsection (c) of this section: 129
(1) A judge of any state court of record, or any 130
justice court judge within his jurisdiction, and upon proper oath 131
or affirmation showing probable cause, may issue warrants for the 132
purpose of conducting administrative inspections authorized by 133
this article or rules thereunder, and seizures of property 134
appropriate to the inspections. For purposes of the issuance of 135
administrative inspection warrants, probable cause exists upon 136
showing a valid public interest in the effective enforcement of 137
this article or rules thereunder, sufficient to justify 138
administrative inspection of the area, premises, building or 139
conveyance in the circumstances specified in the application for 140
the warrant. All such warrants shall be served during normal 141
business hours; 142
(2) A search warrant shall issue only upon an affidavit 143
of a person having knowledge or information of the facts alleged, 144
sworn to before the judge or justice court judge and establishing 145
the grounds for issuing the warrant. If the judge or justice 146
court judge is satisfied that grounds for the application exist or 147
that there is probable cause to believe they exist, he shall issue 148
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a warrant identifying the area, premises, building or conveyance 149
to be searched, the purpose of the search, and, if appropriate, 150
the type of property to be searched, if any. The warrant shall: 151
(A) State the grounds for its issuance and the 152
name of each person whose affidavit has been taken in support 153
thereof; 154
(B) Be directed to a person authorized by Section 155
41-29-159 to execute it; 156
(C) Command the person to whom it is directed to 157
inspect the area, premises, building or conveyance identified for 158
the purpose specified, and if appropriate, direct the seizure of 159
the property specified; 160
(D) Identify the item or types of property to be 161
seized, if any; 162
(E) Direct that it be served and designate the 163
judge or magistrate to whom it shall be returned; 164
(3) A warrant issued pursuant to this section must be 165
executed and returned within ten (10) days of its date unless, 166
upon a showing of a need for additional time, the court orders 167
otherwise. If property is seized pursuant to a warrant, a copy 168
shall be given to the person from whom or from whose premises the 169
property is taken, together with a receipt for the property taken. 170
The return of the warrant shall be made promptly, accompanied by a 171
written inventory of any property taken. The inventory shall be 172
made in the presence of the person executing the warrant and of 173
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the person from whose possession or premises the property was 174
taken, if present, or in the presence of at least one (1) credible 175
person other than the person executing the warrant. A copy of the 176
inventory shall be delivered to the person from whom or from whose 177
premises the property was taken and to the applicant for the 178
warrant; 179
(4) The judge or justice court judge who has issued a 180
warrant shall attach thereto a copy of the return and all papers 181
returnable in connection therewith and file them with the clerk of 182
the appropriate state court for the judicial district in which the 183
inspection was made. 184
(b) The Mississippi Bureau of Narcotics, the State Board of 185
Pharmacy, the State Board of Medical Licensure, the State Board of 186
Dental Examiners, the Mississippi Board of Nursing or the State 187
Board of Optometry may make administrative inspections of 188
controlled premises in accordance with the following provisions: 189
(1) For purposes of this section only, "controlled 190
premises" means: 191
(A) Places where persons registered or exempted 192
from registration requirements under this article are required to 193
keep records; and 194
(B) Places including factories, warehouses, 195
establishments and conveyances in which persons registered or 196
exempted from registration requirements under this article are 197
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permitted to hold, manufacture, compound, process, sell, deliver, 198
or otherwise dispose of any controlled substance. 199
(2) When authorized by an administrative inspection 200
warrant issued in accordance with the conditions imposed in this 201
section, an officer or employee designated by the Mississippi 202
Bureau of Narcotics, the State Board of Pharmacy, the State Board 203
of Medical Licensure, the State Board of Dental Examiners, the 204
Mississippi Board of Nursing or the State Board of Optometry, upon 205
presenting the warrant and appropriate credentials to the owner, 206
operator or agent in charge, may enter controlled premises for the 207
purpose of conducting an administrative inspection. 208
(3) When authorized by an administrative inspection 209
warrant, an officer or employee designated by the Mississippi 210
Bureau of Narcotics, the State Board of Pharmacy, the State Board 211
of Medical Licensure, the State Board of Dental Examiners, the 212
Mississippi Board of Nursing or the State Board of Optometry may: 213
(A) Inspect and copy records required by this 214
article to be kept; 215
(B) Inspect, within reasonable limits and in a 216
reasonable manner, controlled premises and all pertinent 217
equipment, finished and unfinished material, containers and 218
labeling found therein, and, except as provided in paragraph (5) 219
of this subsection, all other things therein, including records, 220
files, papers, processes, controls and facilities bearing on 221
violation of this article; and 222
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(C) Inventory any stock of any controlled 223
substance therein and obtain samples thereof. 224
(4) This section does not prevent the inspection 225
without a warrant of books and records pursuant to an 226
administrative subpoena, nor does it prevent entries and 227
administrative inspections, including seizures of property, 228
without a warrant: 229
(A) If the owner, operator or agent in charge of 230
the controlled premises consents; 231
(B) In situations presenting imminent danger to 232
health or safety; 233
(C) In situations involving inspection of 234
conveyances if there is reasonable cause to believe that the 235
mobility of the conveyance makes it impracticable to obtain a 236
warrant; 237
(D) In any other exceptional or emergency 238
circumstance where time or opportunity to apply for a warrant is 239
lacking; or 240
(E) In all other situations in which a warrant is 241
not constitutionally required. 242
(5) An inspection authorized by this section shall not 243
extend to financial data, sales data, other than shipment data, or 244
pricing data unless the owner, operator or agent in charge of the 245
controlled premises consents in writing. 246
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(c) Any agent of the bureau authorized to execute a search 247
warrant involving controlled substances, the penalty for which is 248
imprisonment for more than one (1) year, may, without notice of 249
his authority and purpose, break open an outer door or inner door, 250
or window of a building, or any part of the building, if the judge 251
issuing the warrant: 252
(1) Is satisfied that there is probable cause to 253
believe that: 254
(A) The property sought may, and, if such notice 255
is given, will be easily and quickly destroyed or disposed of; or 256
(B) The giving of such notice will immediately 257
endanger the life or safety of the executing officer or another 258
person; and 259
(2) Has included in the warrant a direction that the 260
officer executing the warrant shall not be required to give such 261
notice. 262
Any officer acting under such warrant shall, as soon as 263
practical, after entering the premises, identify himself and give 264
the reasons and authority for his entrance upon the premises. 265
Search warrants which include the instruction that the 266
executing officer shall not be required to give notice of 267
authority and purpose as authorized by this subsection shall be 268
issued only by the county court or county judge in vacation, 269
chancery court or by the chancellor in vacation, by the circuit 270
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court or circuit judge in vacation, or by a justice of the 271
Mississippi Supreme Court. 272
This subsection shall expire and stand repealed from and 273
after July 1, 1974, except that the repeal shall not affect the 274
validity or legality of any search authorized under this 275
subsection and conducted prior to July 1, 1974. 276
SECTION 5. Section 41-29-159, Mississippi Code of 1972, is 277
brought forward as follows: 278
41-29-159. (a) Any officer or employee of the Mississippi 279
Bureau of Narcotics, investigative unit of the State Board of 280
Pharmacy, investigative unit of the State Board of Medical 281
Licensure, investigative unit of the State Board of Dental 282
Examiners, investigative unit of the Mississippi Board of Nursing, 283
investigative unit of the State Board of Optometry, any duly sworn 284
peace officer of the State of Mississippi, any enforcement officer 285
of the Mississippi Department of Transportation, or any highway 286
patrolman, may, while engaged in the performance of his statutory 287
duties: 288
(1) Carry firearms; 289
(2) Execute and serve search warrants, arrest warrants, 290
subpoenas, and summonses issued under the authority of this state; 291
(3) Make arrests without warrant for any offense under 292
this article committed in his presence, or if he has probable 293
cause to believe that the person to be arrested has committed or 294
is committing a crime; and 295
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(4) Make seizures of property pursuant to this article. 296
(b) As divided among the Mississippi Bureau of Narcotics, 297
the State Board of Pharmacy, the State Board of Medical Licensure, 298
the State Board of Dental Examiners, the Mississippi Board of 299
Nursing and the State Board of Optometry, the primary 300
responsibility of the illicit street traffic or other illicit 301
traffic of drugs is delegated to agents of the Mississippi Bureau 302
of Narcotics. The State Board of Pharmacy is delegated the 303
responsibility of regulating and checking the legitimate drug 304
traffic among pharmacists, pharmacies, hospitals, nursing homes, 305
drug manufacturers, and any other related professions and 306
facilities with the exception of the medical, dental, nursing, 307
optometric and veterinary professions. The State Board of Medical 308
Licensure is responsible for regulating and checking the 309
legitimate drug traffic among physicians, podiatrists and 310
veterinarians. The Mississippi Board of Dental Examiners is 311
responsible for regulating and checking the legitimate drug 312
traffic among dentists and dental hygienists. The Mississippi 313
Board of Nursing is responsible for regulating and checking the 314
legitimate drug traffic among nurses. The State Board of 315
Optometry is responsible for regulating and checking the 316
legitimate drug traffic among optometrists. 317
(c) The provisions of this section shall not be construed to 318
limit or preclude the detection or arrest of persons in violation 319
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of Section 41-29-139 by any local law enforcement officer, 320
sheriff, deputy sheriff or peace officer. 321
(d) Agents of the bureau are authorized to investigate the 322
circumstances of deaths which are caused by drug overdose or which 323
are believed to be caused by drug overdose, and health care 324
providers, coroners and law enforcement officers shall notify the 325
bureau of any death caused by a drug overdose within twenty-four 326
(24) hours. 327
(e) Any person who shall impersonate in any way the director 328
or any agent, or who shall in any manner hold himself out as 329
being, or represent himself as being, an officer or agent of the 330
Mississippi Bureau of Narcotics shall be guilty of a misdemeanor, 331
and upon conviction thereof shall be punished by a fine of not 332
less than One Hundred Dollars ($100.00) nor more than Five Hundred 333
Dollars ($500.00) or by imprisonment for not more than one (1) 334
year, or by both such fine and imprisonment. 335
SECTION 6. Section 41-29-160, Mississippi Code of 1972, is 336
amended as follows: 337
41-29-160. The director is authorized to pay any person such 338
sum or sums of money as he or she may deem appropriate for 339
information concerning a violation of this article from funds 340
appropriated for the bureau of narcotics. 341
* * * Monies expended from the funds of the bureau for the 342
purchase of controlled substances, and subsequently recovered 343
shall be returned to the account from which they were originally 344
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drawn for such purpose. Detailed records and accounts of the use 345
and disposition of such funds shall be kept by the director. 346
SECTION 7. Section 41-29-161, Mississippi Code of 1972, is 347
brought forward as follows: 348
41-29-161. Any officer or employee of the Mississippi Bureau 349
of Drug Enforcement who is authorized to investigate, carry 350
firearms, serve search warrants, and do all things as set forth in 351
this article shall prior to entering upon the discharge of his 352
duties enter into a good and sufficient surety bond in the sum of 353
Ten Thousand Dollars ($10,000.00) with a surety company authorized 354
and doing business within the State of Mississippi. The said bond 355
herein is conditioned upon the faithful performance of the duties 356
of his office. All premiums shall be paid as are other expenses 357
of the bureau. 358
SECTION 8. Section 41-29-163, Mississippi Code of 1972, is 359
brought forward as follows: 360
41-29-163. All final determinations, findings and 361
conclusions of the board, the bureau or the State Board of 362
Pharmacy under this article are final and conclusive decisions of 363
the matters involved. Except as otherwise provided by Section 364
41-29-176, any person aggrieved by the decision may obtain review 365
of the decision in the chancery court. 366
SECTION 9. Section 41-29-165, Mississippi Code of 1972, is 367
brought forward as follows: 368
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41-29-165. Any person being aggrieved by any conviction or 369
order of any board or commission authorized under this article 370
shall have a right to appeal from said order or conviction to the 371
circuit court of the county of the residence of the defendant or 372
of the county where the offense was committed. Said appeal shall 373
be tried de novo. Appeals taken under this article shall be 374
perfected as all other appeals to the circuit court. 375
SECTION 10. Section 41-29-167, Mississippi Code of 1972, is 376
brought forward as follows: 377
41-29-167. (a) The State Board of Medical Licensure, the 378
Mississippi Bureau of Narcotics, the State Board of Pharmacy, the 379
State Board of Dental Examiners, the Mississippi Board of Nursing 380
and the State Board of Optometry shall cooperate with federal and 381
other state agencies in discharging their responsibilities 382
concerning traffic in controlled substances and in suppressing the 383
abuse of controlled substances. To this end, they may: 384
(1) Arrange for the exchange of information among 385
governmental officials concerning the use and abuse of controlled 386
substances; 387
(2) Coordinate and cooperate in training programs 388
concerning controlled substance law enforcement at local and state 389
levels; 390
(3) Cooperate with the United States Drug Enforcement 391
Administration by establishing a centralized unit to accept, 392
catalogue, file and collect statistics, including records of drug 393
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dependent persons and other controlled substance law offenders 394
within the state, and make the information available for federal, 395
state and local law enforcement purposes; and 396
(4) Conduct programs of eradication aimed at destroying 397
wild or illicit growth of plant species from which controlled 398
substances may be extracted. 399
(b) Results, information and evidence received from the 400
United States Drug Enforcement Administration relating to the 401
regulatory functions of this article, including results of 402
inspections conducted by it may be relied and acted upon by the 403
Mississippi Bureau of Narcotics, the State Board of Pharmacy, the 404
State Board of Medical Licensure, the State Board of Dental 405
Examiners, the Mississippi Board of Nursing and the State Board of 406
Optometry in the exercise of their regulatory functions under this 407
article. 408
SECTION 11. Section 41-29-168, Mississippi Code of 1972, is 409
brought forward as follows: 410
41-29-168. (1) Every sheriff, chief of police or constable 411
or other peace officer in this state and the Identification Bureau 412
of the Highway Safety Patrol is hereby required to report to the 413
bureau all arrests, incidences and information involving or 414
connected with controlled substances. 415
(2) The owner, manager, practitioner, or any other person 416
having possession or custody of controlled substances or of 417
premises on which controlled substances are stored or located, 418
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whether or not such person is a registrant under Section 419
41-29-125, is hereby required to report to the bureau any theft, 420
burglary, robbery or attempted theft, burglary or robbery of such 421
premises or substance, or the mysterious disappearance of any 422
controlled substance within forty-eight (48) hours of the 423
discovery of such occurrence or disappearance. 424
(3) The director shall promulgate appropriate procedures and 425
shall supply forms to facilitate the reports as required by 426
subsections (1) and (2) of this section. 427
(4) It shall be unlawful for any person required to submit 428
reports under subsection (2) of this section to omit to do so or 429
to knowingly submit a false or incorrect report, in whole or in 430
part, and, upon conviction, such person shall be guilty of a 431
misdemeanor and shall be fined not less than One Hundred Dollars 432
($100.00) nor more than Five Hundred Dollars ($500.00) and may be 433
confined for not more than thirty (30) days. 434
SECTION 12. Section 41-29-169, Mississippi Code of 1972, is 435
brought forward as follows: 436
41-29-169. The Mississippi Bureau of Drug Enforcement and 437
state board of education shall carry out educational programs 438
designed to prevent and deter misuse and abuse of controlled 439
substances. In connection with these programs they may: 440
(1) Promote better recognition of the problems of 441
misuse and abuse of controlled substances within the regulated 442
industry and among interested groups and organizations; 443
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(2) Assist the regulated industry and interested groups 444
and organizations in contributing to the reduction of misuse and 445
abuse of controlled substances; 446
(3) Consult with interested groups and organizations to 447
aid them in solving administrative and organizational problems; 448
(4) Evaluate procedures, projects, techniques, and 449
controls conducted or proposed as part of educational programs on 450
misuse and abuse of controlled substances; 451
(5) Disseminate the results of research on misuse and 452
abuse of controlled substances to promote a better public 453
understanding of what problems exist and what can be done to 454
combat them; and 455
(6) Assist in the education and training of state and 456
local law enforcement officials in their efforts to control misuse 457
and abuse of controlled substances. 458
SECTION 13. Section 41-29-171, Mississippi Code of 1972, is 459
brought forward as follows: 460
41-29-171. (a) The Mississippi Bureau of Narcotics, the 461
State Board of Pharmacy, the State Board of Medical Licensure, 462
the State Board of Dental Examiners, the Mississippi Board of 463
Nursing and the State Board of Optometry shall encourage research 464
on misuse and abuse of controlled substances. In connection with 465
the research, and in furtherance of the enforcement of this 466
article they may: 467
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(1) Establish methods to assess accurately the effects 468
of controlled substances and identify and characterize those with 469
potential for abuse; 470
(2) Make studies and undertake programs of research to: 471
(A) Develop new or improved approaches, 472
techniques, systems, equipment and devices to strengthen the 473
enforcement of this article; 474
(B) Determine patterns of misuse and abuse of 475
controlled substances and the social effects thereof; and 476
(C) Improve methods for preventing, predicting, 477
understanding and dealing with the misuse and abuse of controlled 478
substances; 479
(3) Enter into contracts with public agencies, 480
institutions of higher education, and private organizations or 481
individuals for the purpose of conducting research, 482
demonstrations, or special projects which bear directly on misuse 483
and abuse of controlled substances. 484
(b) The Mississippi Bureau of Narcotics and the State Board 485
of Education may enter into contracts for educational and research 486
activities without performance bonds. 487
(c) The board may authorize the possession and distribution 488
of controlled substances by persons engaged in research. Persons 489
who obtain this authorization are exempt from state prosecution 490
for possession and distribution of controlled substances to the 491
extent of the authorization. 492
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SECTION 14. Section 41-29-173, Mississippi Code of 1972, is 493
brought forward as follows: 494
41-29-173. (a) Prosecutions for any violations under prior 495
laws shall not be affected or abated by the provisions of this 496
article. The penalty for any such violations shall be prescribed 497
in accordance with subsection (d) of Section 41-29-149. 498
(b) Civil seizures or forfeitures and injunctive proceedings 499
commenced prior to May 19, 1972, are not affected by this article. 500
(c) All administrative proceedings pending under prior laws 501
which are superseded by this article shall be continued and 502
brought to a final determination in accord with the laws and rules 503
in effect prior to May 19, 1972. Any substance controlled under 504
prior law which is not listed within Schedules I through V, being 505
Sections 41-29-113 through 41-29-121, is automatically controlled 506
without further proceedings and shall be listed in the appropriate 507
schedule. 508
(d) The State Board of Pharmacy and State Board of Medical 509
Licensure shall initially permit persons to register who own or 510
operate any establishment engaged in the manufacture, distribution 511
or dispensing of any controlled substance prior to May 19, 1972, 512
and who are registered or licensed by the state. 513
(e) This article applies to violations of law, seizures and 514
forfeiture, injunctive proceedings, administrative proceedings and 515
investigations which occur following May 19, 1972. 516
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SECTION 15. Section 41-29-175, Mississippi Code of 1972, is 517
brought forward as follows: 518
41-29-175. Any orders and rules promulgated under any law 519
affected by this article and in effect on April 16, 1971, and not 520
in conflict with the provisions of this article shall continue in 521
effect until modified, superseded or repealed. 522
SECTION 16. Section 41-29-176.1, Mississippi Code of 1972, 523
is brought forward as follows: 524
41-29-176.1. The seizing law enforcement agency shall within 525
thirty (30) days of a seizure, request either the district 526
attorney of the county in which property is seized or the 527
Mississippi Bureau of Narcotics to prosecute any cases involving 528
seized property. No one other than the district attorney of the 529
county in which the seizure occurred or an attorney from the 530
Mississippi Bureau of Narcotics shall have authority to prosecute 531
the forfeiture of the seized property. If the district attorney 532
and the Mississippi Bureau of Narcotics decline to prosecute the 533
forfeiture of the seized property, the seizing law enforcement 534
agency shall notify the person from whom the property was seized 535
that the property will not be forfeited, within thirty (30) days 536
of receiving the notice not to prosecute, and shall provide 537
written instructions advising the person how to retrieve the 538
seized property. 539
SECTION 17. Section 41-29-177, Mississippi Code of 1972, is 540
brought forward as follows: 541
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41-29-177. (1) Except as otherwise provided in Section 542
41-29-176, Mississippi Code of 1972, and in Section 41-29-107.1, 543
when any property, other than a controlled substance, raw material 544
or paraphernalia, is seized under the Uniform Controlled 545
Substances Law, proceedings under this section shall be instituted 546
within thirty (30) days from the date of seizure or the subject 547
property shall be immediately returned to the party from whom 548
seized. 549
(2) A petition for forfeiture shall be filed by the district 550
attorney or his or her designee, or an attorney for the bureau, as 551
applicable, in the name of the State of Mississippi, the county or 552
the municipality and may be filed in the county in which the 553
seizure is made, the county in which the criminal prosecution is 554
brought or the county in which the owner of the seized property is 555
found. Forfeiture proceedings may be brought in the circuit court 556
or the county court if a county court exists in the county and the 557
value of the seized property is within the jurisdictional limits 558
of the county court as set forth in Section 9-9-21, Mississippi 559
Code of 1972. A copy of such petition shall be served upon the 560
following persons by service of process in the same manner as in 561
civil cases: 562
(a) The owner of the property, if address is known; 563
(b) Any secured party who has registered his lien or 564
filed a financing statement as provided by law, if the identity of 565
such secured party can be ascertained by the Bureau of Narcotics 566
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or the local law enforcement agency by making a good faith effort 567
to ascertain the identity of such secured party as described in 568
subsections (3), (4), (5), (6) and (7) of this section; 569
(c) Any other bona fide lienholder or secured party or 570
other person holding an interest in the property in the nature of 571
a security interest of whom the Mississippi Bureau of Narcotics or 572
the local law enforcement agency has actual knowledge; 573
(d) Any holder of a mortgage, deed of trust, lien or 574
encumbrance of record, if the property is real estate, by making a 575
good faith inquiry as described in subsection (8) of this section; 576
and 577
(e) Any person in possession of property subject to 578
forfeiture at the time that it was seized. 579
(3) If the property is a motor vehicle susceptible of 580
titling under the Mississippi Motor Vehicle Title Law and if there 581
is any reasonable cause to believe that the vehicle has been 582
titled, the Bureau of Narcotics or the local law enforcement 583
agency shall make inquiry of the Department of Revenue as to what 584
the records of the Department of Revenue show as to who is the 585
record owner of the vehicle and who, if anyone, holds any lien or 586
security interest which affects the vehicle. 587
(4) If the property is a motor vehicle and is not titled in 588
the State of Mississippi, then the Bureau of Narcotics or the 589
local law enforcement agency shall attempt to ascertain the name 590
and address of the person in whose name the vehicle is licensed, 591
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and if the vehicle is licensed in a state which has in effect a 592
certificate of title law, the bureau or the local law enforcement 593
agency shall make inquiry of the appropriate agency of that state 594
as to what the records of the agency show as to who is the record 595
owner of the vehicle and who, if anyone, holds any lien, security 596
interest or other instrument in the nature of a security device 597
which affects the vehicle. 598
(5) If the property is of a nature that a financing 599
statement is required by the laws of this state to be filed to 600
perfect a security interest affecting the property and if there is 601
any reasonable cause to believe that a financing statement 602
covering the security interest has been filed under the laws of 603
this state, the Bureau of Narcotics or the local law enforcement 604
agency shall make inquiry of the appropriate office designated in 605
Section 75-9-501, Mississippi Code of 1972, as to what the records 606
show as to who is the record owner of the property and who, if 607
anyone, has filed a financing statement affecting the property. 608
(6) If the property is an aircraft or part thereof and if 609
there is any reasonable cause to believe that an instrument in the 610
nature of a security device affects the property, then the Bureau 611
of Narcotics or the local law enforcement agency shall make 612
inquiry of the Mississippi Department of Transportation as to what 613
the records of the Federal Aviation Administration show as to who 614
is the record owner of the property and who, if anyone, holds an 615
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instrument in the nature of a security device which affects the 616
property. 617
(7) In the case of all other personal property subject to 618
forfeiture, if there is any reasonable cause to believe that an 619
instrument in the nature of a security device affects the 620
property, then the Bureau of Narcotics or the local law 621
enforcement agency shall make a good faith inquiry to identify the 622
holder of any such instrument. 623
(8) If the property is real estate, the Bureau of Narcotics 624
or the local law enforcement agency shall make inquiry of the 625
chancery clerk of the county wherein the property is located to 626
determine who is the owner of record and who, if anyone, is a 627
holder of a bona fide mortgage, deed of trust, lien or 628
encumbrance. 629
(9) In the event the answer to an inquiry states that the 630
record owner of the property is any person other than the person 631
who was in possession of it when it was seized, or states that any 632
person holds any lien, encumbrance, security interest, other 633
interest in the nature of a security interest, mortgage or deed of 634
trust which affects the property, the Bureau of Narcotics or the 635
local law enforcement agency shall cause any record owner and also 636
any lienholder, secured party, other person who holds an interest 637
in the property in the nature of a security interest, or holder of 638
an encumbrance, mortgage or deed of trust which affects the 639
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property to be named in the petition of forfeiture and to be 640
served with process in the same manner as in civil cases. 641
(10) If the owner of the property cannot be found and served 642
with a copy of the petition of forfeiture, or if no person was in 643
possession of the property subject to forfeiture at the time that 644
it was seized and the owner of the property is unknown, the Bureau 645
of Narcotics or the local law enforcement agency shall file with 646
the clerk of the court in which the proceeding is pending an 647
affidavit to such effect, whereupon the clerk of the court shall 648
publish notice of the hearing addressed to "the Unknown Owner of 649
_______________," filling in the blank space with a reasonably 650
detailed description of the property subject to forfeiture. 651
Service by publication shall contain the other requisites 652
prescribed in Section 11-33-41, and shall be served as provided in 653
Section 11-33-37, Mississippi Code of 1972, for publication of 654
notice for attachments at law. 655
(11) No proceedings instituted pursuant to the provisions of 656
this article shall proceed to hearing unless the judge conducting 657
the hearing is satisfied that this section and Section 41-29-107.1 658
has been complied with. Any answer received from an inquiry 659
required by subsections (3) through (8) of this section shall be 660
introduced into evidence at the hearing. 661
SECTION 18. Section 41-29-179, Mississippi Code of 1972, is 662
brought forward as follows: 663
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41-29-179. (1) Except as otherwise provided in Section 664
41-29-176 and Section 41-29-107.1, an owner of property, other 665
than a controlled substance, raw material or paraphernalia, that 666
has been seized shall file an answer within thirty (30) days after 667
the completion of service of process. If an answer is not filed, 668
the court shall hear evidence that the property is subject to 669
forfeiture and forfeit the property to the Mississippi Bureau of 670
Narcotics or the local law enforcement agency. If an answer is 671
filed, a time for hearing on forfeiture shall be set within thirty 672
(30) days of filing the answer or at the succeeding term of court 673
if court would not be in progress within thirty (30) days after 674
filing the answer. Provided, however, that upon request by the 675
Bureau of Narcotics, the local law enforcement agency or the owner 676
of the property, the court may postpone said forfeiture hearing to 677
a date past the time any criminal action is pending against said 678
owner. 679
(2) If the owner of the property has filed an answer denying 680
that the property is subject to forfeiture, then the burden is on 681
the petitioner to prove that the property is subject to 682
forfeiture. However, if an answer has not been filed by the owner 683
of the property, the petition for forfeiture may be introduced 684
into evidence and is prima facie evidence that the property is 685
subject to forfeiture. The standard of proof placed upon the 686
petitioner in regard to property forfeited under the provisions of 687
this article shall be by a preponderance of the evidence. 688
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(3) At the hearing any claimant of any right, title or 689
interest in the property may prove his lien, encumbrance, security 690
interest, other interest in the nature of a security interest, 691
mortgage or deed of trust to be bona fide and created without 692
knowledge or consent that the property was to be used so as to 693
cause the property to be subject to forfeiture. 694
(4) If it is found that the property is subject to 695
forfeiture, then the judge shall forfeit the property to the 696
Mississippi Bureau of Narcotics or the local law enforcement 697
agency. However, if proof at the hearing discloses that the 698
interest of any bona fide lienholder, secured party, other person 699
holding an interest in the property in the nature of a security 700
interest, or any holder of a bona fide encumbrance, mortgage or 701
deed of trust is greater than or equal to the present value of the 702
property, the court shall order the property released to him. If 703
such interest is less than the present value of the property and 704
if the proof shows that the property is subject to forfeiture, the 705
court shall order the property forfeited to the Mississippi Bureau 706
of Narcotics or the local law enforcement agency. 707
(5) Upon a petition filed in the name of the State of 708
Mississippi, the county or the municipality with the clerk of the 709
circuit court of the county in which the seizure of any controlled 710
substance or raw material is made, the circuit court having 711
jurisdiction may order the controlled substance or raw material 712
summarily forfeited except when lawful possession and title can be 713
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ascertained. If a person is found to have had lawful possession 714
and title prior to seizure, the court shall order the controlled 715
substance or raw material returned to the owner, if the owner so 716
desires. Upon a petition filed in the name of the State of 717
Mississippi, the county or the municipality with the clerk of the 718
circuit court of the county in which the seizure of any purported 719
paraphernalia is made, the circuit court having jurisdiction may 720
order such seized property summarily forfeited when the court has 721
determined the seized property to be paraphernalia as defined in 722
Section 41-29-105(v). 723
SECTION 19. Section 41-29-181, Mississippi Code of 1972, is 724
brought forward as follows: 725
41-29-181. (1) Regarding all controlled substances, raw 726
materials and paraphernalia which have been forfeited, the circuit 727
court shall by its order direct the Bureau of Narcotics to: 728
(a) Retain the property for its official purposes; 729
(b) Deliver the property to a government agency or 730
department for official purposes; 731
(c) Deliver the property to a person authorized by the 732
court to receive it; or 733
(d) Destroy the property that is not otherwise 734
disposed, pursuant to the provisions of Section 41-29-154. 735
(2) All other property, real or personal, which is forfeited 736
under this article, except as otherwise provided in Section 737
41-29-185, and except as provided in subsections (3), (7) and (8) 738
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of this section, shall be liquidated and, after deduction of court 739
costs and the expenses of liquidation, the proceeds shall be 740
divided and deposited as follows: 741
(a) In the event only one (1) law enforcement agency 742
participates in the underlying criminal case out of which the 743
forfeiture arises, twenty percent (20%) of the proceeds shall be 744
forwarded to the State Treasurer and deposited in the General Fund 745
of the state and eighty percent (80%) of the proceeds shall be 746
deposited and credited to the budget of the participating law 747
enforcement agency. 748
(b) In the event more than one (1) law enforcement 749
agency participates in the underlying criminal case out of which 750
the forfeiture arises, eighty percent (80%) of the proceeds shall 751
be deposited and credited to the budget of the law enforcement 752
agency whose officers initiated the criminal case and twenty 753
percent (20%) shall be divided equitably between or among the 754
other participating law enforcement agencies, and shall be 755
deposited and credited to the budgets of the participating law 756
enforcement agencies. In the event that the other participating 757
law enforcement agencies cannot agree on the division of their 758
twenty percent (20%), a petition shall be filed by any one of them 759
in the court in which the civil forfeiture case is brought and the 760
court shall make an equitable division. 761
If the criminal case is initiated by an officer of the Bureau 762
of Narcotics and more than one (1) law enforcement agency 763
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participates in the underlying criminal case out of which the 764
forfeiture arises, the proceeds shall be divided equitably between 765
or among the Bureau of Narcotics and other participating law 766
enforcement agencies and shall be deposited and credited to the 767
budgets of the participating law enforcement agencies. In the 768
event that the Bureau of Narcotics and the other participating law 769
enforcement agencies cannot agree on an equitable division of the 770
proceeds, a petition shall be filed by any one of them in the 771
court in which the civil forfeiture case is brought and the court 772
shall make an equitable division. 773
(3) All money which is forfeited under this article, except 774
as otherwise provided by Section 41-29-185, shall be divided, 775
deposited and credited in the same manner as set forth in 776
subsection (2) of this section. 777
(4) All property forfeited, deposited and credited to the 778
Mississippi Bureau of Narcotics under this article shall be 779
forwarded to the State Treasurer and deposited in a special fund 780
for use by the Mississippi Bureau of Narcotics upon appropriation 781
by the Legislature. 782
(5) All real estate which is forfeited under the provisions 783
of this article shall be sold to the highest and best bidder at a 784
public auction for cash, such auction to be conducted by the chief 785
law enforcement officer of the initiating law enforcement agency, 786
or his designee, at such place, on such notice and in accordance 787
with the same procedure, as far as practicable, as is required in 788
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the case of sales of land under execution at law. The proceeds of 789
such sale shall first be applied to the cost and expense in 790
administering and conducting such sale, then to the satisfaction 791
of all mortgages, deeds of trust, liens and encumbrances of record 792
on such property. The remaining proceeds shall be divided, 793
forwarded and deposited in the same manner set out in subsection 794
(2) of this section. 795
(6) All other property that has been forfeited shall, except 796
as otherwise provided, be sold at a public auction for cash by the 797
chief law enforcement officer of the initiating law enforcement 798
agency, or his designee, to the highest and best bidder after 799
advertising the sale for at least once each week for three (3) 800
consecutive weeks, the last notice to appear not more than ten 801
(10) days nor less than five (5) days prior to such sale, in a 802
newspaper having a general circulation in the jurisdiction in 803
which said law enforcement agency is located. Such notices shall 804
contain a description of the property to be sold and a statement 805
of the time and place of sale. It shall not be necessary to the 806
validity of such sale either to have the property present at the 807
place of sale or to have the name of the owner thereof stated in 808
such notice. The proceeds of the sale shall be disposed of as 809
follows: 810
(a) To any bona fide lienholder, secured party or other 811
party holding an interest in the property in the nature of a 812
security interest, to the extent of his interest; and 813
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(b) The balance, if any, remaining after deduction of 814
all storage, court costs and expenses of liquidation shall be 815
divided, forwarded and deposited in the same manner set out in 816
subsection (2) of this section. 817
(7) (a) Any county or municipal law enforcement agency may 818
maintain, repair, use and operate for official purposes all 819
property, other than real property, money or such property that is 820
described in subsection (1) of this section, that has been 821
forfeited to the agency if it is free from any interest of a bona 822
fide lienholder, secured party or other party who holds an 823
interest in the property in the nature of a security interest. 824
Such county or municipal law enforcement agency may purchase the 825
interest of a bona fide lienholder, secured party or other party 826
who holds an interest so that the property can be released for its 827
use. If the property is a motor vehicle susceptible of titling 828
under the Mississippi Motor Vehicle Title Law, the law enforcement 829
agency shall be deemed to be the purchaser, and the certificate of 830
title shall be issued to it as required by subsection (9) of this 831
section. 832
(b) (i) If a vehicle is forfeited to or transferred to 833
a sheriff's department, then the sheriff may transfer the vehicle 834
to the county for official or governmental use as the board of 835
supervisors may direct. 836
(ii) If a vehicle is forfeited to or transferred 837
to a police department, then the police chief may transfer the 838
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vehicle to the municipality for official or governmental use as 839
the governing authority of the municipality may direct. 840
(c) If a motor vehicle forfeited to a county or 841
municipal law enforcement agency becomes obsolete or is no longer 842
needed for official or governmental purposes, it may be disposed 843
of in accordance with Section 19-7-5 or in the manner provided by 844
law for disposing of municipal property. 845
(8) The Mississippi Bureau of Narcotics may maintain, 846
repair, use and operate for official purposes all property, other 847
than real property, money or such property as is described in 848
subsection (1) of this section, that has been forfeited to the 849
bureau if it is free from any interest of a bona fide lienholder, 850
secured party, or other party who holds an interest in the 851
property in the nature of a security interest. In such case, the 852
bureau may purchase the interest of a bona fide lienholder, 853
secured party or other party who holds an interest so that such 854
property can be released for use by the bureau. 855
The bureau may maintain, repair, use and operate such 856
property with money appropriated to the bureau for current 857
operations. If the property is a motor vehicle susceptible of 858
titling under the Mississippi Motor Vehicle Title Law, the bureau 859
is deemed to be the purchaser and the certificate of title shall 860
be issued to it as required by subsection (9) of this section. 861
(9) The Department of Revenue shall issue a certificate of 862
title to any person who purchases property under the provisions of 863
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this section when a certificate of title is required under the 864
laws of this state. 865
SECTION 20. Section 41-29-183, Mississippi Code of 1972, is 866
brought forward as follows: 867
41-29-183. The forfeiture procedure set forth in Sections 868
41-29-177 through 41-29-181 is the sole remedy of any claimant, 869
and no court shall have jurisdiction to interfere therewith by 870
replevin, injunction, supersedeas or in any other manner. 871
SECTION 21. Section 41-29-185, Mississippi Code of 1972, is 872
brought forward as follows: 873
41-29-185. One hundred percent (100%) of any seized and 874
forfeited property to be transferred to any state or local law 875
enforcement agency under the provisions of 21 USCS Section 876
881(e)(1), 19 USCS Section 1616(a)(2), or other federal property 877
sharing provisions, shall be credited to the budget of the state 878
or local agency that directly participated in the seizure or 879
forfeiture, for the specific purpose of increasing law enforcement 880
resources for that specific state or local agency. Such 881
transferred property must be used to augment existing state and 882
local law enforcement budgets and not to supplant them. 883
SECTION 22. Section 41-29-187, Mississippi Code of 1972, is 884
brought forward as follows: 885
41-29-187. (1) Attorneys for the Mississippi Bureau of 886
Narcotics, by and through the Director of the Mississippi Bureau 887
of Narcotics, are authorized to seek judicial subpoenas to require 888
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any person, firm or corporation in the State of Mississippi to 889
produce for inspection and copying business records and other 890
documents which are relevant to the investigation of any felony 891
violation of the Uniform Controlled Substances Law of the State of 892
Mississippi. The production of the designated documents shall be 893
at the location of the named person's, firm's or corporation's 894
principal place of business, residence or other place at which the 895
person, firm or corporation agrees to produce the documents. The 896
cost of reproducing the documents shall be borne by the bureau at 897
prevailing rates. At the conclusion of the investigation and any 898
related judicial proceedings, the person, firm or corporation from 899
whom the records or documents were subpoenaed shall, upon written 900
request, be entitled to the return or destruction of all copies 901
remaining in the possession of the bureau. 902
(2) The bureau is authorized to make an ex parte and in 903
camera application to the county or circuit court of the county in 904
which such person, firm or corporation resides or has his 905
principal place of business, or if the person, firm or corporation 906
is absent or a nonresident of the State of Mississippi, to the 907
County or Circuit Court of Hinds County. On application of the 908
county or circuit court, a subpoena duces tecum shall be issued 909
only upon a showing of probable cause that the documents sought 910
are relevant to the investigation of a felony violation of the 911
Uniform Controlled Substances Law or may reasonably lead to the 912
discovery of such relevant evidence. Nothing contained in this 913
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section shall affect the right of a person to assert a claim that 914
the information sought is privileged by law. Such application to 915
the court shall be in writing and accompanied by a sworn affidavit 916
from an agent of the Bureau of Narcotics which sets forth facts 917
which the court shall consider in determining that probable cause 918
exists. 919
(3) Any person, firm or corporation complying in good faith 920
with a judicial subpoena issued pursuant to this section shall not 921
be liable to any other person, firm or corporation for damages 922
caused in whole or in part by such compliance. 923
(4) Documents in the possession of the Mississippi Bureau of 924
Narcotics gathered pursuant to the provisions of this section and 925
subpoenas issued by the court shall be maintained in confidential 926
files with access limited to prosecutorial and other law 927
enforcement investigative personnel on a "need to know" basis and 928
shall be exempt from the provisions of the Mississippi Public 929
Records Act of 1983, except that upon the filing of an indictment 930
or information, or upon the filing of an action for forfeiture or 931
recovery of property, funds or fines, such documents shall be 932
subject to such disclosure as may be required pursuant to the 933
applicable statutes or court rules governing the trial of any such 934
judicial proceeding. 935
(5) The circuit or county judge shall seal each application 936
and affidavit filed and each subpoena issued after service of said 937
subpoena. The application, affidavit and subpoena may not be 938
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disclosed except in the course of a judicial proceeding. Any 939
unauthorized disclosure of a sealed subpoena, application or 940
affidavit shall be punishable as contempt of court. 941
(6) No person, including the Director of the Mississippi 942
Bureau of Narcotics, an agent or member of his staff, prosecuting 943
attorney, law enforcement officer, witness, court reporter, 944
attorney or other person, shall disclose to an unauthorized person 945
documents gathered by the bureau pursuant to the provisions of 946
this section, nor investigative demands and subpoenas issued and 947
served, except that upon the filing of an indictment or 948
information, or upon the filing of an action for forfeiture or 949
recovery of property, funds or fines, or in other legal 950
proceedings, the documents shall be subject to such disclosure as 951
may be required pursuant to applicable statutes and court rules 952
governing the trial of any such judicial proceeding. In the event 953
of an unauthorized disclosure of any such documents gathered by 954
the Mississippi Bureau of Narcotics pursuant to the provisions of 955
this section, the person making any such unauthorized disclosure 956
shall be guilty of a misdemeanor, and upon conviction thereof 957
shall be punished by a fine of not more than One Thousand Dollars 958
($1,000.00), or imprisonment of not more than six (6) months, or 959
by both such fine and imprisonment. 960
(7) No person, agent or employee upon whom a subpoena is 961
served pursuant to this section shall disclose the existence of 962
said subpoena or the existence of the investigation to any person 963
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unless such disclosure is necessary for compliance with the 964
subpoena. Any person who willfully violates this subsection shall 965
be guilty of a misdemeanor and may be confined in the county jail, 966
for a period not to exceed one (1) year, or fined not more than 967
Ten Thousand Dollars ($10,000.00), or both. 968
SECTION 23. Section 41-29-189, Mississippi Code of 1972, is 969
brought forward as follows: 970
41-29-189. There is created in the State Treasury a special 971
fund to be known as the Drug Evidence Disposition Fund. The 972
purpose of the fund shall be to provide funding for costs 973
associated with the acquisition, storage, destruction or other 974
disposition of evidence related to offenses under the Uniform 975
Controlled Substances Act. Monies from the funds derived from 976
assessments under Section 99-19-73 shall be distributed by the 977
State Treasurer upon warrants issued by the Mississippi Bureau of 978
Narcotics. The fund shall be a continuing fund, not subject to 979
fiscal-year limitations, and shall consist of: 980
(a) Monies appropriated by the Legislature; 981
(b) The interest accruing to the fund; 982
(c) Monies received under the provisions of Section 983
99-19-73; 984
(d) Monies received from the federal government; 985
(e) Donations; and 986
(f) Monies received from such other sources as may be 987
provided by or allowable under law. 988
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ST: Administrative forfeiture for seized
property; bring forward section related to
unlawful controlled substances.
SECTION 24. This act shall take effect and be in force from 989
and after July 1, 2026. 990