Bill Text: NJ A2918 | 2014-2015 | Regular Session | Introduced
Bill Title: Authorizes donation of forfeited bicycles to charities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-03-20 - Introduced, Referred to Assembly Law and Public Safety Committee [A2918 Detail]
Download: New_Jersey-2014-A2918-Introduced.html
Sponsored by:
Assemblyman REED GUSCIORA
District 15 (Hunterdon and Mercer)
SYNOPSIS
Authorizes donation of forfeited bicycles to charities.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning forfeited bicycles and amending N.J.S.2C:64-6.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:64-6 is amended to read as follows:
2C:64-6. Disposal of Forfeited Property. a. Property which has been forfeited shall be destroyed if it can serve no lawful purpose or it presents a danger to the public health, safety or welfare. All other forfeited property or any proceeds resulting from the forfeiture and all money seized pursuant to this chapter shall become the property of the entity funding the prosecuting agency involved and shall be disposed of, distributed, appropriated and used in accordance with the provisions of this chapter.
The prosecutor or the Attorney General, whichever is prosecuting the case, shall divide the forfeited property, any proceeds resulting from the forfeiture or any money seized pursuant to this chapter with any other entity where the other entity's law enforcement agency participated in the surveillance, investigation, arrest or prosecution resulting in the forfeiture, in proportion to the other entity's contribution to the surveillance, investigation, arrest or prosecution resulting in the forfeiture, as determined in the discretion of the prosecutor or the Attorney General, whichever is prosecuting the case. Notwithstanding any other provision of law, such forfeited property and proceeds shall be used solely for law enforcement purposes, and shall be designated for the exclusive use of the law enforcement agency which contributed to the surveillance, investigation, arrest or prosecution resulting in the forfeiture.
The Attorney General is authorized to promulgate rules and regulations to implement and enforce the provisions of this act.
b. For a period of two years from the date of enactment of P.L.1993, c.227 (C.26:4-100.13 et al.), 10% of the proceeds obtained by the Attorney General under the provisions of subsection a. of this section shall be deposited into the Hepatitis Inoculation Fund established pursuant to section 2 of P.L.1993, c.227 (C.26:4-100.13).
c. Beginning two years from the date of enactment of P.L.1993, c.227 (C.26:4-100.13 et al.) and in subsequent years, 5% of the proceeds obtained by the Attorney General under the provisions of subsection a. of this section shall be deposited into the Hepatitis Inoculation Fund established pursuant to section 2 of P.L.1993, c.227 (C.26:4-100.13).
d. Notwithstanding any
other provision of law to the contrary, the prosecutor or the Attorney General,
whichever is prosecuting
the case, may donate any forfeited bicycles to a charitable organization, as
defined by section 3 of P.L.1994, c.16 (C.45:17A-20).
(cf: P.L.1993, c.227, s.1)
2. This act shall take effect on the first day of the fourth month following enactment.
STATEMENT
This bill would authorize prosecutors and the Attorney General to donate forfeited bicycles to charitable organizations.
Under current law, all forfeited property that is not destroyed must be disposed of, and the proceeds used exclusively for law enforcement purposes. Rather than requiring similar action with confiscated bicycles, this bill would allow prosecutors to donate seized bikes to not-for-profit organizations to aid in their missions.
