SENATE, No. 493

STATE OF NEW JERSEY

215th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

 


 

Sponsored by:

Senator  ANTHONY R. BUCCO

District 25 (Morris and Somerset)

 

 

 

 

SYNOPSIS

     Provides for attachment of real property relating to terrorism.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning attachment of real property relating to terrorism and supplementing P.L.2003, c.22 (C.2C:66-1 et seq.).

 

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

 

     1.    Upon application by the Attorney General, a court may issue an order attaching real property when there exists probable cause to believe that the owner of the property has committed or is about to commit the crime of terrorism in violation of section 2 of P.L.2002, c.26 (C.2C:38-2) or the crime of soliciting or providing material support or resources for terrorism in violation of section 5 of P.L.2002, c.26 (C.2C:38-5).

 

     2.    The application of the Attorney General required by this act shall contain a statement of facts relied upon by the Attorney General, including the details of the particular offense that is about to be committed or that has been committed.

 

     3.    a.  If the court finds that:

     (1)   there exists probable cause to believe that the person has committed or is about to commit the crime of terrorism in violation of section 2 of P.L.2002, c.26 (C.2C:38-2) or the crime of soliciting or providing material support or resources for terrorism in violation of section 5 of P.L.2002, c.26 (C.2C:38-5);

     (2)   the real property of the person is specifically identified; and

     (3)   it is necessary to attach the real property to ensure eventual restitution to victims of the alleged offense,

     the court may order the attachment of all or part of the person's real property so that the property may not be disposed of until further order of the court.

     b.    As part of the consideration of an application in which there is no corroborative evidence offered, the judge shall inquire in camera as to the identity of any informants or any other additional information concerning the basis upon which the Attorney General has applied for the attachment order which the judge finds relevant in order to determine if there exists probable cause pursuant to this act.

 

     4.    a.  The person may, upon notice and motion, have a hearing to contest the attachment of the real property and to seek the release of all or part of the property.

     b.    The person shall be entitled to an order releasing all or part of the attached real property by showing:

     (1)   that the person has posted a bond or other adequate surety, guaranteeing that, upon conviction, adequate funds or assets will be available to pay complete restitution to victims of the alleged offense;

     (2)   that there does not exist probable cause to believe that the person has committed or is about to commit the alleged offense;

     (3)   that the value of the real property attached is more than is necessary to pay complete restitution to all victims of the alleged offense; or

     (4)   that the real property should be returned in the interests of justice.

     c.     It is not grounds for the release of the real property that the property was not used in the commission of the crime of terrorism in violation of section 2 of P.L.2002, c.26 (C.2C:38-2) or soliciting or providing material support or resources for terrorism in violation of section 5 of P.L.2002, c.26 (C.2C:38-5).

 

     5.    a.  If the person is acquitted or the charges are dismissed with prejudice, the court shall issue an order releasing the attached real property.

     b.    If the person is not acquitted or the charges are not dismissed, the attached real property shall become the property of the State.

 

     6.    Any attachment of real property permitted by this act shall expire 24 months after the date of the court's initial attachment order unless the time limit is extended by the court in writing upon a showing of good cause by the Attorney General.

 

     7.    Within 10 days after a court issues an attachment order under this act, the Attorney General shall send a copy of the order to the person's last known address or to the person's attorney, if known.

 

     8.    a.  Upon entry of the order attaching real property, the Attorney General shall cause the same to be recorded in the land records of the county clerk or register of each county in which the real property affected by the order is situate.

     b.    The county clerk or register shall cause the same to be recorded in the book of deeds and indexed as if it were a conveyance from the person who is the object of the order to the State of New Jersey.

     c.     After the recording and indexing of the order of attachment, any person claiming title to, an estate or interest in, or lien upon the real property described in the order through the person who is the object of the order, shall be deemed to have acquired the title, estate, interest, or lien with knowledge of the order of attachment.

 

     9.    Nothing contained in this act shall be construed to abrogate or affect the status, force, or operation of the forfeiture provisions of the "New Jersey Code of Criminal Justice," N.J.S.2C:64-1 et seq., or any other provision of law.

     10.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill provides that, upon application by the Attorney General, a court may issue an order attaching real property when there exists probable cause that the owner of the property has committed or is about to commit the crime of terrorism in violation of section 2 of P.L.2002, c.26 (C.2C:38-2) or the crime of soliciting or providing material support or resources for terrorism in violation of section 5 of P.L.2002, c.26 (C.2C:38-5).

     Under the bill, the application for attachment shall contain a statement of facts relied upon by the Attorney General, including the details of the particular offense that is about to be committed or that has been committed.

     The court may order the attachment of all or part of the person's real property, if it finds that: there is probable cause that the person has committed or is about to commit the crime of terrorism in violation of section 2 of P.L.2002, c.26 (C.2C:38-2) or the crime of soliciting or providing material support or resources for terrorism in violation of section 5 of P.L.2002, c.26 (C.2C:38-5); the real property is specifically identified; and it is necessary to attach the property to ensure eventual restitution to victims of the alleged offense.  If there is no corroborative evidence offered, the judge shall inquire in camera as to the identity of any informants or any other additional information concerning the basis upon which the Attorney General has applied for the attachment order which the judge finds relevant in order to determine if there is probable cause to support the order.

     The bill provides that the person may, upon notice and motion, have a hearing to contest the attachment of the real property and to seek the release of all or part of the property.  In order to release the property the person must show:  that he has posted a bond or other adequate surety, guaranteeing that, upon conviction, adequate funds or assets will be available to pay complete restitution to victims of the alleged offense; that there is no probable cause to believe that the person committed or was about to commit the alleged offense; that the value of the real property is more than is necessary to pay complete restitution to all victims of the alleged offense; or that the property should be returned in the interests of justice.  It is not grounds for the release of the real property that the property was not used in the commission of the alleged terrorism crime.

     Upon entry of the order attaching real property, the Attorney General shall cause the order to be recorded in the land records of the county clerk or register of each county in which the real property affected by the order is situate.  The county clerk or register shall record the order in the book of deeds and index it as if it were a conveyance from the person who is the object of the order to the State of New Jersey.

     After the recording and indexing of the order of attachment, any person claiming title to, an estate or interest in, or lien upon the real property described in the order through the person who is the object of the order, shall be deemed to have acquired the title, estate, interest, or lien with knowledge of the order of attachment.

     If the person is acquitted or the charges are dismissed with prejudice, the court shall issue an order releasing the real property. However, if the person is not acquitted or the charges are not dismissed, the bill provides that the real property shall become the property of the State.

     The attachment of real property permitted under the bill expires 24 months after the date of the court's initial attachment order unless the time limit is extended by the court, in writing, upon a showing of good cause by the Attorney General.

     Finally, the bill provides that nothing in the provisions of the bill shall be construed to abrogate or affect the status, force, or operation of the forfeiture provisions of the New Jersey criminal code, N.J.S.2C:64-1 et seq., or any other provision of law.