Bill Text: NH HB1192 | 2020 | Regular Session | Amended
Bill Title: Relative to forfeiture of seized personal property.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2020-06-16 - Introduced 06/16/2020, and Laid on Table, Motion Adopted, Voice Vote; 06/16/2020; Senate Journal 8 [HB1192 Detail]
Download: New_Hampshire-2020-HB1192-Amended.html
HB 1192-FN - AS AMENDED BY THE HOUSE
11Mar2020... 0411h
2020 SESSION
20-2270
04/10
HOUSE BILL 1192-FN
AN ACT relative to forfeiture of seized personal property.
SPONSORS: Rep. Sylvia, Belk. 6; Rep. Edwards, Rock. 4; Rep. McGuire, Merr. 29
COMMITTEE: Judiciary
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ANALYSIS
This bill limits the ability of a state, county, or municipal law enforcement agency to transfer personal property to a federal agency for federal forfeiture proceedings.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2020... 0411h 20-2270
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to forfeiture of seized personal property.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Forfeiture of Items Used in Connection With Drug Offense. Amend RSA 318-B:17-b, II(e) to read as follows:
(e) The department of justice shall, within 60 days of the seizure, file a petition in the superior court having jurisdiction under this section. If no such petition is filed within 60 days of the seizure, the items or property interest seized shall be released or returned to the owners.
2 Forfeiture of Items Used in Connection With Drug Offense. Amend RSA 318-B:17-b, IV(d) to read as follows:
(d) At least 30 days prior to the hearing scheduled pursuant to subparagraph (c), the state shall identify the criminal proceedings which were brought against the party under this chapter and which arose from the transaction underlying the forfeiture proceedings. At the request of any party to the forfeiture proceeding, the court [may] shall grant a continuance until the final resolution of any such criminal proceedings which were brought against a party under this chapter and which arose from the transaction which gave rise to the forfeiture proceeding. No asset forfeiture [may be maintained] petition shall be filed against a person's interest in property if that person [has been found not guilty of the underlying felonious charge] was not charged with or convicted of an underlying criminal offense under this chapter. Nothing in this section shall prohibit a court’s issuance of an order of forfeiture under RSA 617:1-a, including the requirement of a criminal conviction before the issuance of such order.
3 New Section; Controlled Drug Act; Limiting Federal Forfeiture Litigation Relating to Personal Property. Amend RSA 318-B by inserting after section 17-f the following new section:
318-B:17-g Limiting Federal Forfeiture Litigation Relating to Personal Property.
I. No state, county, or municipal law enforcement agency or prosecuting authority shall enter into an agreement to transfer seized property to a federal agency directly, indirectly, by adoption, through an intergovernmental joint taskforce or by other means for the purposes of forfeiture litigation, unless the seized property includes United States currency in excess of $100,000.
II. All state, county, or municipal law enforcement agencies shall transfer seized property to the appropriate state, county, or municipal prosecuting authority for forfeiture litigation under this chapter, unless the seized property includes United States currency in excess of $100,000. If seized property includes United States currency in excess of $100,000, the state, county, or municipal law enforcement agency may transfer the seized property to a federal agency for forfeiture litigation under federal law.
III. Nothing in this section shall be construed to restrict a state, county, or municipal law enforcement agency from collaborating with a federal agency to seize contraband or property that the law enforcement agency has probable cause to believe is the proceeds or instruments of a crime through an intergovernmental joint taskforce.
4 New Section; Forfeitures of Personal Property; Limiting Federal Forfeiture Litigation Relating to Personal Property. Amend RSA 617 by inserting after section 12 the following new section:
617:13 Limiting Federal Forfeiture Litigation Relating to Personal Property.
I. No state, county, or municipal law enforcement agency or prosecuting authority shall enter into an agreement to transfer seized property to a federal agency directly, indirectly, by adoption, through an intergovernmental joint taskforce or by other means for the purposes of forfeiture litigation, unless the seized property includes United States currency in excess of $100,000.
II. All state, county, or municipal law enforcement agencies shall transfer seized property to the appropriate state, county, or municipal prosecuting authority for forfeiture litigation under this chapter, unless the seized property includes United States currency in excess of $100,000. If seized property includes United States currency in excess of $100,000, the state, county, or municipal law enforcement agency may transfer the seized property to a federal agency for forfeiture litigation under federal law.
III. Nothing in this section shall be construed to restrict a state, county, or municipal law enforcement agency from collaborating with a federal agency to seize contraband or property that the law enforcement agency has probable cause to believe is the proceeds or instruments of a crime through an intergovernmental joint taskforce.
5 Effective Date. This act shall take effect January 1, 2021.
20-2270
11/5/19
HB 1192-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to forfeiture of seized personal property.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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METHODOLOGY:
This bill limits the ability of a state, county, or municipal law enforcement agency to transfer personal property to a federal agency for federal forfeiture proceedings.
The Department of Justice indicates the bill requires the State to inform the opposing party of the criminal proceedings that gave rise to the forfeiture within 30 days. The bill prevents the State from forfeiture in circumstances where the defendant in the underlying criminal case has died, been declared incompetent, been deemed unavailable, or cannot be identified. The bill also prohibits state and local law enforcement agencies from entering into agreements allowing the federal government to take custody of property for forfeiture pursuant to federal law. The Attorney General's Office handles all forfeiture proceedings. The Department assumes this bill would increase the number of proceedings the Attorney General's Office would handle because state and local law enforcement agencies would no longer work with the federal government to forfeit money or property. The Department has no information on which to estimate the number of additional cases.
AGENCIES CONTACTED:
Department of Justice
