SEC. 99-43-39 Return and release of victims' property.

(1) Prior to the admission into evidence by the court, on request of the victim, after consultation and written approval by the prosecuting attorney, the law enforcement agency responsible for investigating the criminal offense shall return to the victim any property belonging to the victim that was taken during the course of the investigation, or shall inform the victim of the reasons why the property will not be returned. The law enforcement agency shall make reasonable efforts to return the property to the victim as soon as possible.

(2) If the property of the victim has been admitted as evidence during a trial or hearing, the court may, upon request of the prosecuting attorney, order its release to the victim if a photograph can be substituted. If evidence is released pursuant to this subsection, the attorney for the defendant or investigator may inspect and independently photograph the evidence before it is released.

Source: Laws, 1998, Ch. 577, § 20, SB 2352, eff January 1, 1999 provided the enactment of Section 26A of the Mississippi Constitution, as proposed by Senate Concurrent Resolution No. 513, 1998 Regular Session, has been ratified by the people.

NOTE: Laws, 1998, ch. 577, § 26, provides:

SECTION 26. This act shall take effect and be in force from and after January 1, 1999, provided that the amendment to the Mississippi Constitution of 1890 proposed by Senate Concurrent Resolution No. 513, 1998 Regular Session, has been ratified by the people.