Revision: Jan. 21, 2011, midnight
HB 225-FN – AS INTRODUCED
2011 SESSION
09/10
HOUSE BILL 225-FN
AN ACT relative to the return of personal property confiscated by law enforcement agencies from a person charged with a crime.
SPONSORS: Rep. Giuda, Merr 7; Rep. Baldasaro, Rock 3; Rep. Jennifer Coffey, Merr 6; Rep. J. Richardson, Merr 8; Rep. McDonnell, Merr 7; Rep. Avard, Hills 20; Rep. Notter, Hills 19; Rep. Panek, Straf 3; Rep. Kreis, Merr 6; Rep. Krasucki, Hills 26; Sen. Barnes, Jr., Dist 17; Sen. Bradley, Dist 3
COMMITTEE: Criminal Justice and Public Safety
This bill requires the return of personal property confiscated by law enforcement agencies within 5 business days of the acquittal or dismissal of proceedings against a person charged with a crime.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0495
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the return of personal property confiscated by law enforcement agencies from a person charged with a crime.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Return of Personal Property Seized by Law Enforcement Agencies. Amend RSA 595-A:6 to read as follows:
595-A:6 Seizure, Custody and Disposition of Articles; Exceptions.
I. Except as provided in paragraph II, if an officer in the execution of a search warrant, or by some other authorized method, finds property or articles he is empowered to take, he shall seize and safely keep them under the direction of the court or justice so long as necessary to permit them to be produced or used as evidence in any trial. Upon application by a prosecutor, defendant, or civil claimants, the court, prior to trial or upon an appeal after trial, shall, upon notice to a defendant and hearing, and except for good cause shown, order returned to the rightful owners any stolen, embezzled or fraudulently obtained property, or any other property of evidential value, not constituting contraband. This section shall apply regardless of how possession of the property was obtained by the state. Photographs or other identification or analysis made of the returned property shall be admissible at trial as secondary evidence, in lieu of the originals, for all relevant purposes, including ownership. In the case of unknown, unapprehended defendants, or defendants wilfully absent from the jurisdiction, the court shall have discretion to appoint a guardian ad litem to represent the interest of such unknown or absent defendants. The judicial findings on such matters as ownership, identification, chain of possession or value made at such an evidentiary hearing for the restoration of property to the rightful owners shall thereafter be admissible at trial, to be considered with other evidence on the same issues, if any, as may be admitted before the finder of fact. All other property seized in execution of a search warrant or otherwise coming into the hands of the police shall be returned to the owner of the property, or shall be disposed of as the court or justice orders, which may include forfeiture and either sale or destruction as the public interest requires, in the discretion of the court or justice, and in accordance with due process of law. Any property, the forfeiture and disposition of which is specified in any general or special law, shall be disposed of in accordance therewith.
II. Upon the acquittal of or dismissal of criminal proceedings against a person charged with a crime, any personal property owned by such person, including weapons, confiscated by a law enforcement agency or entity under this section shall be returned to the innocent person within 5 working days of the date of the acquittal or dismissal of criminal proceedings. Any agency or entity not complying with this paragraph shall be presumed to have violated the innocent person’s constitutional rights and shall pay $100 per day to the innocent person for each day the agency or entity is in noncompliance.
2 Effective Date. This act shall take effect January 1, 2012.
LBAO
11-0495
01/18/11
HB 225-FN - FISCAL NOTE
AN ACT relative to the return of personal property confiscated by law enforcement agencies from a person charged with a crime.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill at this time. When completed, the fiscal note will be forwarded to the House Clerk's Office.