HB593: (New Title) establishing a committee to study the process for forfeiture of items used in connection with drug offenses.

CHAPTER 180

HB 593-FN - FINAL VERSION

3Jan2024... 2364h

05/02/2024 1561s

2024 SESSION

23-0368

04/05

HOUSE BILL 593-FN

AN ACT establishing a committee to study the process for forfeiture of items used in connection with drug offenses.

SPONSORS: Rep. D. McGuire, Merr. 14; Rep. Popovici-Muller, Rock. 17

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill establishes a study committee to study and suggest potential legislation for improving the procedure for forfeiture of items used in connection with drug offenses, and provides duties thereto.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

3Jan2024... 2364h

05/02/2024 1561s 23-0368

04/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT establishing a committee to study the process for forfeiture of items used in connection with drug offenses.

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

180:1 Committee Established. There is established a committee to study the process for forfeiture of items used in connection with drug offenses.

180:2 Membership and Compensation.

I. The members of the committee shall be 3 members of the house of representatives, appointed by the speaker of the house of representatives.

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

180:3 Duties. The committee shall study ways to improve RSA 318-B:17-b and shall suggest legislation, including but not limited to ways to:

I. Streamline processes and increase fairness by assigning the criminal and civil forfeiture cases to the same court;

II. Protect innocent owners, by:

(a) Simplifying processes for spouses and parents, and

(b) Assigning a public defender to represent the indigent in a civil forfeiture case if represented in the corresponding criminal case;

III. Establish a requirement for a prompt post-seizure hearing;

IV. Set criteria for transferring forfeiture cases to the federal government; and

V. Identify how to use forfeited assets and proceeds.

180:4 Chairperson; Quorum; Public Hearing. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Two members of the committee shall constitute a quorum. The committee shall hold at least one public hearing.

180:5 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2024.

180:6 Effective Date. This act shall take effect upon its passage.

Approved: July 12, 2024

Effective Date: July 12, 2024