HB331: relative to a forfeiture of personal property.

HB 331-FN - AS AMENDED BY THE HOUSE

24Feb2021... 0188h

2021 SESSION

21-0409

08/10

HOUSE BILL 331-FN

AN ACT relative to a forfeiture of personal property.

SPONSORS: Rep. Sylvia, Belk. 6; Rep. T. Lekas, Hills. 37; Rep. Bean, Belk. 2; Rep. Greene, Hills. 37; Rep. Aron, Sull. 7; Rep. Spillane, Rock. 2; Rep. A. Lekas, Hills. 37

COMMITTEE: Judiciary

ANALYSIS

This bill limits the conditions under which seized property may be transfered to a federal agency.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24Feb2021... 0188h 21-0409

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty One

AN ACT relative to a forfeiture of personal property.

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

1 New Section; Forfeiture of Personal Property. Amend RSA 617 by inserting after section 12 the following new section:

617:13 Limiting Adoptions by the Federal Government of Property Seized Under State Law.

I. A state or local law enforcement agency shall not offer for transfer or adoption property, seized under state law, to a federal agency for the purpose of forfeiture under the federal Controlled Substances Act, Public Law 91-513, unless the seized property includes more than $100,000 in United States currency.

II. Paragraph I shall only apply to a seizure by a state or local law enforcement agency pursuant to its own authority under state law and without involvement of the federal government in the seizure. Nothing in paragraph I shall be construed to limit state and local law enforcement agencies from participating in a joint task force with the federal government.

III. The state or local law enforcement agency shall not accept payment of any kind or distribution of forfeiture proceeds from the federal government if the state or local law enforcement agency violates paragraph I. All proceeds received shall be transferred and deposited to the state’s general fund.

2 Effective Date. This act shall take effect January 1, 2022.

LBA

21-0409

12/15/20

HB 331-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to a forfeiture of personal property.

FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None

Estimated Increase / (Decrease)

STATE:

FY 2021

FY 2022

FY 2023

FY 2024

Appropriation

$0

$0

$0

$0

Revenue

$0

Indeterminable

Indeterminable

Indeterminable

Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

Funding Source:

[ X ] General [ ] Education [ ] Highway [ ] Other

LOCAL:

Revenue

$0

Indeterminable

Indeterminable

Indeterminable

Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

METHODOLOGY:

This bill limits the conditions under which seized property may be transferred to a federal agency. The Department of Justice indicates the bill prohibits state and local law enforcement agencies from entering into agreements with the federal government to allow the federal government to take custody of property valued at less than $100,000.00 for the purposes of forfeiting that property pursuant to federal law. In the context of drug-related crimes, the Attorney General’s Office handles all forfeiture proceedings. This bill would increase the number of forfeiture proceedings the Attorney General’s Office must handle because state and local law enforcement would no longer be able to work with the federal government to forfeit money or property. It is not clear how many additional forfeiture cases this bill would create. Therefore, this bill’s fiscal impact is indeterminable.

The New Hampshire Municipal Association states this legislation bars state, county, and municipal law enforcement agencies from entering into agreements with federal agencies to allow the federal government to engage in “adoptive forfeiture”; the process by which the federal government brings a forfeiture case without being involved in building the case except where $100,000 in U.S. currency is involved, and unless the seizure of the property took place under the auspices of an intergovernmental joint task force. The Association indicates the bill would, presumably, cut some portion of the incoming equitable share due to the restriction on how municipal law enforcement agency may turn over property to the federal government. The impact on county revenue and expenditures cannot be determined.

AGENCIES CONTACTED:

Departments of Justice, Administrative Services and New Hampshire Municipal Association