ASSEMBLY CONCURRENT RESOLUTION No. 17

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman KAVANAUGH

A Concurrent Resolution memorializing the United States Congress to amend the Federal forfeiture law.

Whereas, Title 21 of the United States Code authorizes the seizure and forfeiture of all real and personal property used or intended to be used in facilitating the transportation, sale and possession of illegal drugs; and

Whereas, This law does not provide for a proportionality analysis in all forfeiture cases to determine whether the proposed forfeiture is disproportionate to the conduct giving rise to the forfeiture; and

Whereas, The absence of a proportionality analysis in forfeiture proceedings has resulted in decisions where the value of the property forfeited was grossly disproportionate to the illegal activity; and

Whereas, The United States Court of Appeals for the Eighth Circuit in its' recent decision of U.S. v. One Parcel of Property located at 508 Depot Street, (Docket No. 91-2382SD) urged the United States Congress to re-examine the federal forfeiture law and provide for a proportionality analysis; now, therefore,

    Be It Resolved by the General Assembly of the State of New Jersey (the Senate Concurring):

    1. This House memorializes the United States Congress to amend the federal forfeiture law in Title 21 of the United States Code to provide for a proportionality analysis in all forfeiture cases to determine whether a proposed forfeiture is disproportionate to the conduct giving rise to that forfeiture.

    2. Duly authenticated copies of this resolution, signed by the Speaker of the General Assembly and attested by the Clerk thereof, shall be transmitted to the President of the United States Senate, the Speaker of the House of Representatives, and every member of Congress elected from the State of New Jersey.

STATEMENT

    This resolution memorializes the United States Congress to amend the federal forfeiture law in Title 21 of the United States Code to provide for a proportionality analysis in all forfeiture cases to determine whether a proposed forfeiture is disproportionate to the conduct giving rise to that forfeiture.

Memorializes Congress to amend the federal forfeiture law to provide for a proportionality analysis.