STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Senator MICHAEL L. TESTA, JR.
District 1 (Atlantic, Cape May and Cumberland)
Expands purposes for which civil asset forfeiture funds may be used by law enforcement agency.
CURRENT VERSION OF TEXT
As reported by the Senate Law and Public Safety Committee with technical review.
An Act concerning civil asset forfeiture 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. An all-terrain vehicle or dirt bike operated in violation of section 17 of P.L.1973, c.307 (C.39:3C-17) which has been forfeited may be destroyed, at the discretion of the entity funding the prosecuting agency involved. 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 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 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.
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%] 10 percent 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%] five
percent 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. For the purposes of this section, “law enforcement purpose” means a purpose which is calculated to enhance a law enforcement agency’s ability to conduct criminal investigations, surveillance, arrests and prosecutions and to respond more fully to the effects of crime beyond any amounts allocated by the law enforcement agency’s annual budget. A law enforcement purpose shall include expenditures to: defray the costs of protracted or complex investigations; educate the public in crime prevention techniques; promote community outreach; provide diversity training for law enforcement officers; establish and implement minority selection and recruitment programs; provide additional technical assistance or expertise, which may include the purchase of surveillance and undercover transportation and investigation equipment, and computer hardware and software to enhance the coordination and sharing of information among the law enforcement agencies of a county and the State; provide matching funds to obtain federal law enforcement enhancement grants; or for such other purposes as the Attorney General may from time to time authorize.
(cf: P.L.2021, c.353, s.3)
2. This act shall take effect immediately.