SENATE, No. 180

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Senator RICE

An Act concerning the division of forfeited property and amending N.J.S.2C:64-6 and N.J.S.2C:64-7 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. 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 distribute at least 51% of the total amount of the forfeited property, any proceeds resulting from the forfeiture and any money seized to the municipality where the offense occured, regardless of the participation of the municipality in the surveillance, investigation, arrest or prosecution resulting in the forfeiture, unless a greater percentage is determined to be appropriate. The prosecutor or Attorney General shall divide the remaining 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).

(cf: P.L.1993, c.227, s.1)

    2. N.J.S.2C:64-7 is amended to read as follows:

    2C:64-7. Vesting of Title in Forfeited Property. a. Title to property forfeited under this chapter shall vest in the entity funding the prosecuting agency involved at the time the item was utilized illegally, or, in the case of proceeds, when received.

    b. The prosecutor or Attorney General, whichever is prosecuting the case, shall vest title to 51% of the total value of the forfeited property, any proceeds resulting from the forfeiture and any money seized to the municipality where the offense occured, regardless of the participation of the municipality in the surveillance, investigation, arrest or prosecution resulting in the forfeiture, unless a greater percentage is determined to be appropriate.

    c. If another entity's law enforcement agency has participated in the surveillance, investigation, arrest or prosecution resulting in the forfeiture, then the prosecutor or the Attorney General, whichever is prosecuting the case, shall vest title to the remaining forfeited property, including motor vehicles, by dividing the forfeited property with the other entity 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.

    d. If the property, including motor vehicles, cannot be divided as required by this section, then the prosecutor or the Attorney General, whichever is prosecuting the case, shall sell the property, including motor vehicles, and 51% of the proceeds of the sale shall be [divided with] distributed to the municipality where the offense occured, and the remaining proceeds with any other entity 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.

(cf:P.L.1986, c.135, s.2)

    3. (New section). Nothing contained in chapter 64 of Title 2C shall be construed to prohibit a municipal law enforcement agency that contributed to a surveillance, investigation, arrest or prosecution resulting in a federal forfeiture from making application for an equitable share of the federally forfeited property.

    4. This act shall take effect immediately.

STATEMENT

    Under current law, forfeited property becomes the property of the seizing agency. The proceeds are then divided with the local law enforcement agency which contributed to the surveillance, investigation, arrest of prosecution. This bill would ensure that a municipality shall receive at least 51% of the proceeds of all property seized within its borders.

    In addition, the bill would authorize municipalities to directly apply to a federal law enforcement agency concerning the disbursement of federally forfeited property in those cases where the municipality contributed directly to a federal forfeiture.

Entitles municipalities to 51% of forfeited proceeds, permits municipalities to process forfeiture applications directly with federal agencies.