Revision: Feb. 18, 2021, 12:35 p.m.
Rep. Sylvia, Belk. 6
Rep. Berch, Ches. 1
January 29, 2021
2021-0188h
08/10
Amendment to HB 331-FN
Amend the bill by replacing all after the enacting clause with the following:
1 New Section; Forfeiture of Personal Property. Amend RSA 617 by inserting after section 12 the following new section:
617:13 Limiting Adoptions by the Federal Government of Property Seized Under State Law.
I. A state or local law enforcement agency shall not offer for transfer or adoption property, seized under state law, to a federal agency for the purpose of forfeiture under the federal Controlled Substances Act, Public Law 91-513, unless the seized property includes more than $100,000 in United States currency.
II. Paragraph I shall only apply to a seizure by a state or local law enforcement agency pursuant to its own authority under state law and without involvement of the federal government in the seizure. Nothing in paragraph I shall be construed to limit state and local law enforcement agencies from participating in a joint task force with the federal government.
III. The state or local law enforcement agency shall not accept payment of any kind or distribution of forfeiture proceeds from the federal government if the state or local law enforcement agency violates paragraph I. All proceeds received shall be transferred and deposited to the state’s general fund.
2 Effective Date. This act shall take effect January 1, 2022.