Bill Text: NJ AR222 | 2018-2019 | Regular Session | Amended

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Bill Title: Urges New Jersey Supreme Court to study the reasonableness of lowering court fees in civil asset forfeiture cases.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2019-02-07 - Reported out of Assembly Comm. with Amendments, 2nd Reading [AR222 Detail]

Download: New_Jersey-2018-AR222-Amended.html

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[First Reprint]

ASSEMBLY RESOLUTION No. 222

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED JANUARY 28, 2019

 

 

Sponsored by:

Assemblywoman  ANGELA V. MCKNIGHT

District 31 (Hudson)

Assemblyman  NICHOLAS CHIARAVALLOTI

District 31 (Hudson)

Assemblywoman  NANCY J. PINKIN

District 18 (Middlesex)

 

 

 

 

SYNOPSIS

     Urges New Jersey Supreme Court to study reasonableness of lowering court fees in civil asset forfeiture cases. 

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Law and Public Safety Committee on February 7, 2019, with amendments.

  

An Assembly Resolution respectfully urging the New Jersey Supreme Court to study the reasonableness of court fees in certain civil asset forfeiture cases.

 

Whereas, A civil asset forfeiture proceeding is an action by the government seeking ownership of personal property either used as an instrumentality of a crime or the fruits of criminal activity; and  

Whereas, New Jersey allows the practice of ¹civil¹ asset forfeiture when law enforcement officers can meet the "preponderance of evidence" standard that property was used in the commission of a crime as opposed to the "beyond a reasonable doubt" standard, which is necessary to convict a person for a crime; and

Whereas, The preponderance of the evidence standard allows property to be seized from claimants regardless of whether they are criminally charged or have had their criminal charges dismissed; and  

Whereas, Forfeiture proceeds are required to be used solely for law enforcement purposes and are required to be designated for the exclusive use of the law enforcement agency that contributed to the surveillance, investigation, arrest, or prosecution resulting in the forfeiture; and

Whereas, Certain civil liberty groups have criticized civil asset forfeiture as an incentive for law enforcement entities to obtain people's personal property for the purpose of funding law enforcement initiatives; and

Whereas, The American Civil Liberties Union-New Jersey recently released data from civil asset forfeiture actions in New  Jersey from January through May of 2016 revealing that areas with greater minority populations tend to have a higher number of property seizures; and

Whereas, According to recent news reports, claimants in civil asset forfeiture proceedings are unable to afford the court fees required to file an action to reclaim their seized property; and

Whereas, In particular, New Jersey Advanced Media reported that Hudson County is unique in that it combines numerous unrelated forfeiture claims into a single action thereby requiring multiple claimants to pay higher court filing fees; and

Whereas, This news report indicated that, in many cases, the court filing fees cost more than the ¹value of property or¹ money seized by law enforcement and, as a result, many people do not defend their rights in a civil action to seek replevin of seized property; and

Whereas, This House respectfully urges the New Jersey Supreme Court to study the reasonableness of court fees in certain civil asset forfeiture cases ¹[and] in order to¹ determine whether the fees in these cases should be lowered and whether ¹[the]¹ Rules of Court should be promulgated to ensure uniform enforcement among the counties; now, therefore, 

 

     Be It Resolved by the General Assembly of the State of New Jersey:

 

     1.    ¹[The Assembly] This House¹ respectfully urges the Supreme Court of New Jersey to study the reasonableness of court fees in certain civil asset forfeiture cases ¹[and] in order to¹ determine whether the fees in these cases should be lowered and ¹Rules of Court should be promulgated to ensure that civil asset forfeiture cases are¹ uniformly enforced among the counties. 

 

     2.    Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly to the Administrative Director of the ¹Administrative¹ Office of the Courts.