1 Forfeiture of Items Used in Connection With Drug Offense. Amend RSA 318-B:17-b, II(e) to read as follows:

(e) The department of justice shall, within 60 days of the seizure, file a petition in the superior court having jurisdiction under this section. If no such petition is filed within 60 days , the items or property interest seized shall be released or returned to the owners.

2 Forfeiture of Items Used in Connection With Drug Offense. Amend RSA 318-B:17-b, IV(d) to read as follows:

(d) At the request of any party to the forfeiture proceeding, the court may grant a continuance until the final resolution of any criminal proceedings which were brought against a party under this chapter and which arose from the transaction which gave rise to the forfeiture proceeding. No asset forfeiture may be maintained against a person's interest in property if that person has been found not guilty of the underlying felonious charge

3 New Section; Controlled Drug Act; Limiting Federal Forfeiture Litigation Relating to Personal Property. Amend RSA 318-B by inserting after section 17-f the following new section:

318-B:17-g Limiting Federal Forfeiture Litigation Relating to Personal Property.

I. No state, county, or municipal law enforcement agency or prosecuting authority shall enter into an agreement to transfer 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 transfer 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 may transfer the seized property to a federal agency for forfeiture litigation under federal law.

III. Nothing in this section shall be construed to restrict a state, county, or municipal law enforcement agency 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.

4 New Section; Forfeitures of Personal Property; Limiting Federal Forfeiture Litigation Relating to Personal Property. Amend RSA 617 by inserting after section 12 the following new section:

617:13 Limiting Federal Forfeiture Litigation Relating to Personal Property.

I. No state, county, or municipal law enforcement agency or prosecuting authority shall enter into an agreement to transfer 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 transfer 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 may transfer the seized property to a federal agency for forfeiture litigation under federal law.

III. Nothing in this section shall be construed to restrict a state, county, or municipal law enforcement agency 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.

5 Effective Date. This act shall take effect January 1, 2021.

1 Forfeiture of Items Used in Connection With Drug Offense. Amend RSA 318-B:17-b, II(e) to read as follows:

(e) The department of justice shall, within 60 days of the seizure, file a petition in the superior court having jurisdiction under this section. If no such petition is filed within 60 days of the seizure , the items or property interest seized shall be released or returned to the owners.

2 Forfeiture of Items Used in Connection With Drug Offense. Amend RSA 318-B:17-b, IV(d) to read as follows:

(d) At least 30 days prior to the hearing scheduled pursuant to subparagraph (c), the state shall identify the criminal proceedings which were brought against the party under this chapter and which arose from the transaction underlying the forfeiture proceedings. At the request of any party to the forfeiture proceeding, the court shall grant a continuance until the final resolution of any such criminal proceedings which were brought against a party under this chapter and which arose from the transaction which gave rise to the forfeiture proceeding. No asset forfeiture petition shall be filed against a person's interest in property if that person was not charged with or convicted of an underlying criminal offense under this chapter. Nothing in this section shall prohibit a court 's issuance of an order of forfeiture under RSA 617:1-a, including the requirement of a criminal conviction before the issuance of such order.

3 New Section; Controlled Drug Act; Limiting Federal Forfeiture Litigation Relating to Personal Property. Amend RSA 318-B by inserting after section 17-f the following new section:

318-B:17-g Limiting Federal Forfeiture Litigation Relating to Personal Property.

I. No state, county, or municipal law enforcement agency or prosecuting authority shall enter into an agreement to transfer 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 transfer 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 may transfer the seized property to a federal agency for forfeiture litigation under federal law.

III. Nothing in this section shall be construed to restrict a state, county, or municipal law enforcement agency 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.

4 New Section; Forfeitures of Personal Property; Limiting Federal Forfeiture Litigation Relating to Personal Property. Amend RSA 617 by inserting after section 12 the following new section:

617:13 Limiting Federal Forfeiture Litigation Relating to Personal Property.

I. No state, county, or municipal law enforcement agency or prosecuting authority shall enter into an agreement to transfer 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 transfer 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 may transfer the seized property to a federal agency for forfeiture litigation under federal law.

III. Nothing in this section shall be construed to restrict a state, county, or municipal law enforcement agency 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.

5 Effective Date. This act shall take effect January 1, 2021.