Text to be removed highlighted in red.
1 New Section; Forfeiture of Personal Property. Amend RSA 617 by inserting after section 11 the following new section:
617:12 Limiting Federal Forfeiture Litigation under Equitable Sharing to Seizures That Include More than $100,000 in Currency.
I. No state, county or municipal law enforcement agency or prosecuting authority may enter into an agreement to transfer or refer seized property to a federal agency directly, indirectly, by adoption, through an intergovernmental joint taskforce or by other means for the purposes of forfeiture litigation unless the seized property includes United States currency in excess of $100,000.
II. All state, county or municipal law enforcement agencies shall refer seized property to the appropriate state, county or municipal prosecuting authority for forfeiture litigation under this chapter unless the seized property includes United States currency in excess of $100,000. If seized property includes United States currency in excess of $100,000, the state, county or municipal law enforcement agency has the option but is not required to refer or transfer the seized property to a federal agency for forfeiture litigation under federal law.
III. Nothing in paragraph I or II shall be construed to restrict state, county or municipal law enforcement agencies from collaborating with a federal agency to seize contraband or property that the law enforcement agency has probable cause to believe is the proceeds or instruments of a crime through an intergovernmental joint taskforce.
2 New Section; Anti-Circumvention of State Forfeiture Jurisdiction. Amend RSA 318-B by inserting after section 17-f the following new section:
318-B:17-g Limiting Federal Forfeiture Litigation under Equitable Sharing to Seizures That Include More than $100,000 in Currency.
I. No state, county or municipal law enforcement agency or prosecuting authority may enter into an agreement to transfer or refer seized property to a federal agency directly, indirectly, by adoption, through an intergovernmental joint taskforce or by other means for the purposes of forfeiture litigation unless the seized property includes United States currency in excess of $100,000.
II. All state, county or municipal law enforcement agencies shall refer seized property to the appropriate state, county or municipal prosecuting authority for forfeiture litigation under this chapter unless the seized property includes United States currency in excess of $100,000. If seized property includes United States currency in excess of $100,000, the state, county or municipal law enforcement agency has the option but is not required to refer or transfer the seized property to a federal agency for forfeiture litigation under federal law.
III. Nothing in paragraph I or II shall be construed to restrict state, county or municipal law enforcement agencies from collaborating with a federal agency to seize contraband or property that the law enforcement agency has probable cause to believe is the proceeds or instruments of a crime through an intergovernmental joint taskforce.
3 Effective Date. This act shall take effect January 1, 2018.
Text to be added highlighted in green.
1 New Section; Forfeiture of Personal Property. Amend RSA 617 by inserting after section 11 the following new section:
617:12 Limiting Federal Forfeiture Litigation under Equitable Sharing to Seizures That Include More than $100,000 in Currency.
I. No state, county or municipal law enforcement agency or prosecuting authority may enter into an agreement to transfer or refer seized property to a federal agency directly, indirectly, by adoption, through an intergovernmental joint taskforce or by other means for the purposes of forfeiture litigation unless the seized property includes United States currency in excess of $100,000.
II. All state, county or municipal law enforcement agencies shall refer seized property to the appropriate state, county or municipal prosecuting authority for forfeiture litigation under this chapter unless the seized property includes United States currency in excess of $100,000. If seized property includes United States currency in excess of $100,000, the state, county or municipal law enforcement agency has the option but is not required to refer or transfer the seized property to a federal agency for forfeiture litigation under federal law.
III. Nothing in paragraph I or II shall be construed to restrict state, county or municipal law enforcement agencies from collaborating with a federal agency to seize contraband or property that the law enforcement agency has probable cause to believe is the proceeds or instruments of a crime through an intergovernmental joint taskforce.
2 New Section; Anti-Circumvention of State Forfeiture Jurisdiction. Amend RSA 318-B by inserting after section 17-f the following new section:
318-B:17-g Limiting Federal Forfeiture Litigation under Equitable Sharing to Seizures That Include More than $100,000 in Currency.
I. No state, county or municipal law enforcement agency or prosecuting authority may enter into an agreement to transfer or refer seized property to a federal agency directly, indirectly, by adoption, through an intergovernmental joint taskforce or by other means for the purposes of forfeiture litigation unless the seized property includes United States currency in excess of $100,000.
II. All state, county or municipal law enforcement agencies shall refer seized property to the appropriate state, county or municipal prosecuting authority for forfeiture litigation under this chapter unless the seized property includes United States currency in excess of $100,000. If seized property includes United States currency in excess of $100,000, the state, county or municipal law enforcement agency has the option but is not required to refer or transfer the seized property to a federal agency for forfeiture litigation under federal law.
III. Nothing in paragraph I or II shall be construed to restrict state, county or municipal law enforcement agencies from collaborating with a federal agency to seize contraband or property that the law enforcement agency has probable cause to believe is the proceeds or instruments of a crime through an intergovernmental joint taskforce.
3 Effective Date. This act shall take effect January 1, 2018.