HB280: relative to attendance at an auction of property or contraband from a criminal forfeiture.

HB 280 - AS INTRODUCED

2017 SESSION

17-0749

04/06

HOUSE BILL 280

AN ACT relative to attendance at an auction of property or contraband from a criminal forfeiture.

SPONSORS: Rep. Brewster, Merr. 21

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill provides that no interested person shall be prohibited from appearing and placing a claim on property subject to forfeiture.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0749

04/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seventeen

AN ACT relative to attendance at an auction of property or contraband from a criminal forfeiture.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Forfeitures of Personal Property; Sale. Amend RSA 617:5 to read as follows:

617:5 Sale. If a person interested shall appear and claim the property, it may be sold by consent of the parties or upon examination and certificate of its perishable nature or of its being expensive to keep, as in case of sale of like property attached, unless it is provided by law that it shall be destroyed, or unless the court shall otherwise order. No interested person shall be prohibited from appearing and claiming the property. Any interested person who is prohibited from appearing at the sale of the property shall have a claim for damages against the person or entity authorized to sell the property.

2 Effective Date. This act shall take effect 60 days after its passage.