Bill Text: NJ S2424 | 2020-2021 | Regular Session | Introduced
Bill Title: Authorizes Attorney General to use forfeiture funds for public health response during certain declared emergencies.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-05-07 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S2424 Detail]
Download: New_Jersey-2020-S2424-Introduced.html
Sponsored by:
Senator JOSEPH A. LAGANA
District 38 (Bergen and Passaic)
Senator VIN GOPAL
District 11 (Monmouth)
SYNOPSIS
Authorizes Attorney General to use forfeiture funds for public health response during certain declared emergencies.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the disposition of forfeiture funds 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 m 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] only 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 , and by the Attorney General as set forth in subsection d. of this section.
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. During a period of emergency, the Attorney General is authorized to use or direct the use of the proceeds obtained under the provisions of subsection a. of this section to:
(1) purchase medical equipment, including personal protective equipment for medical personnel and first responders, for use in responding to the emergency; and
(2) facilitate testing for the illness or health condition for which the emergency was declared.
For the purposes of this subsection, a "period of emergency" means a state of emergency or public health emergency, which has been declared by the Governor in response to a public health crisis, including but not limited to an epidemic or a pandemic as declared by the United States Centers for Disease Control and Prevention or the World Health Organization.
(cf: P.L.1993, c.227, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill authorizes the Attorney General to use proceeds obtained under the civil forfeiture law, N.J.S.2C:64-1 et seq., to respond to epidemics, pandemics, and other public health emergencies.
Under current law, the proceeds obtained under the civil forfeiture law are limited to law enforcement purposes and designated for the exclusive use of the law enforcement agency which contributed to the surveillance, investigation, arrest or prosecution resulting in the forfeiture. Additionally, five percent of the proceeds received annually by the Attorney General are required by law to be deposited into the Hepatitis Inoculation Fund established pursuant to section 2 of P.L.1993, c.227 (C.26:4-100.13).
This bill provides that during a period of emergency, the Attorney General is authorized to use or direct the use of the proceeds obtained under the civil forfeiture law to:
(1) purchase medical equipment, including personal protective equipment for medical personnel and first responders for use in responding to the emergency; and
(2) facilitate testing for the disease or health condition for which the emergency was declared.
The bill defines a "period of emergency" as a state of emergency or public health emergency, which has been declared by the Governor in response to a public health crisis, including but not limited to an epidemic or a pandemic as declared by the United States Centers for Disease Control and Prevention or the World Health Organization.
