Bill Text: NJ S2267 | 2016-2017 | Regular Session | Amended

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Bill Title: Establishes asset forfeiture reporting requirements.

Spectrum: Bipartisan Bill

Status: (Enrolled - Dead) 2017-02-06 - Conditional Veto, Received in the Senate [S2267 Detail]

Download: New_Jersey-2016-S2267-Amended.html

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[First Reprint]

SENATE, No. 2267

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED MAY 23, 2016

 

 

Sponsored by:

Senator  PATRICK J. DIEGNAN, JR.

District 18 (Middlesex)

Senator  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

 

 

 

 

SYNOPSIS

     Establishes asset forfeiture reporting requirements.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Law and Public Safety Committee on October 27, 2016, with amendments.

  

An Act concerning asset forfeiture and supplementing Title 2C of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  A county prosecutor shall annually compile and submit to the Attorney General a report containing information of each individual seizure and forfeiture of funds or property completed by a law enforcement agency within the county pursuant to N.J.S.2C:64-1 et seq., N.J.S.2C:41-1 et seq., or actions brought pursuant to P.L.1994, c.121 (C.2C:21-23 et seq.).  The report shall include:

     (1)   information on the seizure of the property, including a description of the seized property ¹[,] ;¹ the date of seizure ¹[,] ;¹ the market value of the seized property ¹[, and] ;¹ the alleged criminal offense associated with the seizure ¹; a description of the location at which the property was seized, including whether the property was seized from a private residence or business or during a traffic stop; if the property was seized during a traffic stop, the name of the highway, street, or road on which the property was seized and whether the vehicle was traveling northbound, southbound, eastbound or westbound¹ ;

     (2)   the disposition of any criminal action related to the seizure;

     (3)   information on forfeiture of the seized property, including:

     (a)   whether the forfeiture involved prima facie contraband or was enforced by civil action pursuant to N.J.S.2C:64-1 et seq., the forfeiture was a result of racketeering activity pursuant to N.J.S.2C:41-1 et seq., or the forfeited funds or property were obtained from an action involving financial facilitation of a crime pursuant to P.L.1994, c.121 (C.2C:21-23 et seq.); and

     (b)   whether a person with a property interest in the seized property was represented by counsel at the forfeiture proceeding, if applicable;

     (4)   information on the final disposition of the seized property, including whether the property was returned to the owner, destroyed, sold after forfeiture, or retained after forfeiture; and the date of disposition;

     (5)   information on the value of ¹the¹ forfeited property, including the gross amount received from ¹the¹ forfeiture, the total expenses deducted as part of the forfeiture action, and the net amount received from the forfeiture;

     (6)   whether the forfeiture resulted from an adoptive seizure; and

     (7)   any other information the Attorney General requires.

     b.    A county prosecutor shall include in the annual report information concerning any forfeiture funds or property received by a law enforcement agency within the county as a result of equitable sharing with a federal agency or other law enforcement agency ¹,¹ including ¹[,]¹ the amount of forfeited funds or the value of forfeited property received by the agency.

     c.     A county prosecutor shall annually compile and submit to the Attorney General a report on information concerning the use of forfeited funds and property including:

     (1)   the use of any forfeiture accounts in the county, including the specific law enforcement purpose for which an expenditure was made from an account and the date of the expenditure; and

     (2)   the specific law enforcement purpose for which forfeited property is used.

     d.    A county prosecutor may use forfeiture proceeds to pay the cost of compiling and reporting seizure and forfeiture information required pursuant to this section.  

 

     2.    a.  The Attorney General shall develop an asset forfeiture reporting form to be completed by a county prosecutor pursuant to section 1 of P.L.        , c.      (C.        ) (pending before the Legislature as this bill).  The Attorney General shall compile annually the asset forfeiture reports, including a list of county prosecutors who failed to comply with the reporting requirement.  The report also shall provide recommendations for improving asset forfeiture proceedings to ensure fairness to crime victims, innocent property owners, secured interest holders, and other interested parties.  The Attorney General shall submit this report to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1).

     b.    Reports submitted by county prosecutors pursuant to section 1 of P.L.        , c.      (C.         ) (pending before the Legislature as this bill) and the Attorney General's annual report pursuant to subsection a. of this section shall be made available to the public on the Attorney General's website. 

 

     3.    This act shall take effect on the first day of the third month next following enactment.