Bill Text: NH HB509 | 2025 | Regular Session | Introduced

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Bill Title: Relative to the contents of the attorney general's annual report detailing state forfeiture information for the preceding fiscal year.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced) 2025-01-23 - Public Hearing: 02/12/2025 11:00 am Legislative Office Building 206-208 [HB509 Detail]

Download: New_Hampshire-2025-HB509-Introduced.html

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HB 509-FN - AS INTRODUCED

 

 

2025 SESSION

25-0587

09/11

 

HOUSE BILL 509-FN

 

AN ACT relative to the contents of the attorney general's annual report detailing state forfeiture information for the preceding fiscal year.

 

SPONSORS: Rep. Popovici-Muller, Rock. 17; Rep. D. McGuire, Merr. 14; Rep. Wheeler, Hills. 33

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill changes the requirements for the annual report from the attorney general concerning forfeitures of personal property.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25-0587

09/11

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Five

 

AN ACT relative to the contents of the attorney general's annual report detailing state forfeiture information for the preceding fiscal year.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Forfeitures of Personal Property; Report.  Amend RSA 617:12, I to read as follows:

I. The attorney general, no later than 120 days after the close of the fiscal year, shall post a report on the department of justice website detailing state forfeiture activity[,] for the preceding fiscal year, including [the type, approximate value, and disposition of each property seized, and the amount of any proceeds received or expended at the state and local levels. The report shall provide a categorized accounting of all proceeds expended.] the following information:

(a)  Name of the law enforcement agency that seized the property or the name of the lead agency, if the property is seized by a multi-jurisdictional task force;

(b)  Date of the seizure;

(c)  Type of property seized, except that reporting is not required for seized contraband including alcohol, drug paraphernalia, and controlled substances;

(d)  Place of seizure, such as a house, business, or, if a traffic stop, the location including road number and direction of traffic flow;

(e)  Estimated value of the seizure;

(f)  Criminal offense alleged that led to the seizure;

(g)  Crime for which the suspect was charged either under state or federal law;

(h)  Criminal case number and court in which the case was filed;

(i)  The outcome of the suspect’s criminal case such as no charge was filed, charges dropped, acquittal, plea agreement, jury conviction, or other;

(j)  Whether forfeiture is sought under federal law;

(k)  If forfeiture is sought under federal law, whether a joint state-federal task force made the seizure of property;

(l)  If forfeiture is sought under federal law, whether a federal government agency adopted a seizure that a state or municipal agency made without the federal agency’s involvement in the seizure;

(m)  Forfeiture case number and court in which the case was filed;

(n)  If a property owner filed a claim or counterclaim, and if so, who it was filled by, such as the suspect, innocent owner, creditor, or other owner;

(o)  Estimated value of property returned to owner, sold, destroyed, retained by a law enforcement agency, or still pending disposition;

(p)  Total value of property forfeited under state law including currency, proceeds from sale of non-currency property, and distributions received from the federal government, but excluding the value of contraband;

I-a.  Data on seizures, forfeitures, and expenditures of forfeiture proceeds shall be provided by the law enforcement agency in disaggregated form to the attorney general.

2  Effective Date.  This act shall take effect 60 days after its passage.

 

LBA

25-0587

1/9/25

 

HB 509-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the contents of the attorney general's annual report detailing state forfeiture information for the preceding fiscal year.

 

FISCAL IMPACT:

The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from the Department of Justice.  The Department was contacted on 12/10/24 for a fiscal note worksheet.  When completed, the fiscal note will be forwarded to the House Clerk's Office.

 

AGENCIES CONTACTED:

Department of Justice