ASSEMBLY, No. 1720
STATE OF NEW JERSEY
INTRODUCED MARCH 18, 1996
By Assemblyman ZISA
An Act concerning forfeited property 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. 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% 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% 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).
As used in this section, “law enforcement purposes” means purposes which enhance the law enforcement agency's ability to conduct criminal investigations, surveillances, arrests and prosecutions and enhance the ability to establish and maintain programs which combat crime and juvenile delinquency and programs relating to drug and alcohol rehabilitation. "Law enforcement purposes" shall include only expenditures to defray the costs of investigations and the costs of purchasing any surveillance equipment, investigation equipment, computer hardware and undercover equipment. "Law enforcement purposes" shall not include travel expenses or entertainment expenses reimbursements for this expense.
(cf: P.L.1993, c.227, s.1)
2. This act shall take effect immediately.
STATEMENT
Under current law, N.J.S.2C:64-6, monies resulting from the sale of forfeited property are to be used for "law enforcement purposes." This bill would amend this section of the law to clarify the definition of "law enforcement purposes." Under the provisions of the bill, "law enforcement purposes" is defined as purposes which enhance the law enforcement agency's ability to conduct criminal investigations, surveillances, arrests and prosecutions and enhance the ability to establish and maintain programs which combat crime and juvenile delinquency and programs relating to drug and alcohol rehabilitation. "Law enforcement purposes" shall include only expenditures to defray the costs of criminal investigations and the costs of purchasing any surveillance equipment, investigation equipment, computer hardware and undercover equipment. "Law enforcement purposes" shall not include travel expenses or entertainment expenses or reimbursements
for this expense.
Clarifies the definition of "law enforcement purposes" with regard to the use of forfeited property.