Bill Text - HB661 (2013)

Allocating a portion of proceeds from forfeiture of items used in connection with a drug offense to the cold case homicide unit.


Revision: Jan. 31, 2013, midnight

HB 661-FN – AS INTRODUCED

2013 SESSION

13-0527

04/01

HOUSE BILL 661-FN

AN ACT allocating a portion of proceeds from forfeiture of items used in connection with a drug offense to the cold case homicide unit.

SPONSORS: Rep. Cushing, Rock 21; Rep. Chandley, Hills 22; Rep. C. Williams, Hills 14

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill requires a portion of proceeds from the forfeiture of items used in connection with a drug offense to be allocated to the cold case homicide unit fund. The bill also provides that the amount of such proceeds transferred into the cold case homicide unit fund shall not exceed $200,000.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13-0527

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT allocating a portion of proceeds from forfeiture of items used in connection with a drug offense to the cold case homicide unit.

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

1 Controlled Drug Act; Forfeiture of Items Used in Connection With Drug Offense. Amend RSA 318-B:17-b, V to read as follows:

V. Final orders for forfeiture of property under this section or under RSA 318-B:17-d shall be implemented by the department of justice and shall provide for disposition of the items or property interests by the state in any manner not prohibited by law, including retention for official use by law enforcement or other public agencies or sale at public auction. The department of justice shall pay the reasonable expenses of the forfeiture proceeding, seizure, storage, maintenance of custody, advertising, court costs and notice of sale from any money forfeited and from the proceeds of any sale or public auction of forfeited items. All outstanding recorded liens on said items or property interests seized shall be paid in full upon conclusion of the court proceedings from the proceeds of any sale or public auction of forfeited items. The balance remaining shall be distributed by the department of justice as follows:

(a) Of the first $500,000:

(1) [Forty-five] Forty percent shall be returned to the fiscal officer or officers of the municipal, county, state, or federal government which provided the law enforcement agency or agencies responsible for the seizure. Moneys returned to each fiscal officer shall be deposited in a special account and shall be used primarily for meeting expenses incurred by law enforcement agencies in connection with drug-related investigations. Except as provided in RSA 31:95-b, such funds shall be available for expenditure without further appropriation by the legislative body of the municipal, county, state or federal government, and shall not be transferred or expended for any other purpose. Moneys returned to a state law enforcement agency shall be deposited in a special nonlapsing account established within the office of the state treasurer and shall be in addition to all other state appropriations to such agency;

(2) Ten percent shall be deposited into a special nonlapsing account established within the office of the state treasurer for the department of health and human services; and

(3) [Forty-five] Forty percent shall be deposited in a revolving drug forfeiture fund, administered by the department of justice pursuant to RSA 318-B:17-c; and

(4) Ten percent shall be deposited in the cold case homicide unit fund established in RSA 21-M:8-m, III; and

(b) Of any balance remaining:

(1) Ten percent shall be deposited in the manner prescribed in subparagraph V(a)(2) of this section; and

(2) Thirty-five percent shall be deposited in the cold case homicide unit fund established in RSA 21-M:8-m, III; and

(3) [Ninety] Fifty-five percent shall be deposited in the manner prescribed in subparagraph V(a)(3) of this section.

The total amount of payments made to the special account for the department of health and human services pursuant to subparagraphs V(a)(2) and V(b)(1) of this section shall not exceed $400,000 in any fiscal year and any excess over $400,000 which would otherwise be paid to such special account under this section shall be deposited in the general fund. The total amount of payments made to the cold case homicide unit fund pursuant to subparagraphs V(a)(4) and V(b)(2) shall not exceed $200,000 in any fiscal year and any excess which would otherwise be paid to such fund under this section shall be deposited in the general fund. The revolving drug forfeiture fund shall at no time exceed $1,000,000. All sums in the revolving drug forfeiture fund in excess of $1,000,000 shall be credited to the general fund.

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

LBAO

13-0527

01/29/13

HB 661-FN - FISCAL NOTE

AN ACT allocating a portion of proceeds from forfeiture of items used in connection with a drug offense to the cod case homicide unit.

FISCAL IMPACT:

    The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill, as introduced, as it is awaiting information from the Department of Safety. When completed, the fiscal note will be forwarded to the House Clerk's Office.

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