HB475 (2015) Detail

Prohibiting the state from engaging in acts of civil forfeiture.


HB 475 - AS INTRODUCED

2015 SESSION

15-0453

05/08

HOUSE BILL 475

AN ACT prohibiting the state from engaging in acts of civil forfeiture.

SPONSORS: Rep. Marple, Merr 24; Rep. Rappaport, Coos 1; Rep. L. Christiansen, Hills 37

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill prohibits public servants from engaging in acts of civil forfeiture.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15-0453

05/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT prohibiting the state from engaging in acts of civil forfeiture.

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

1 Findings; Statement of Intent. The general court finds that the practice known as “civil forfeiture” is a government taking without due process and just compensation and declares such practices to be acts of trespass and theft, prohibited by the fifth amendment of the Constitution for the United States of America and attendant state prohibitions.

2 Civil Forfeiture Prohibited. Whoever as a public servant, defined in RSA 640:2, II, takes part in an act of civil forfeiture by any name shall be ipso facto subject to prosecution for trespass and theft and immediately discharged from office.

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