Revision: Nov. 16, 2021, 11:09 a.m.
HB 1101 - AS INTRODUCED
2022 SESSION
22-2468
11/04
HOUSE BILL 1101
AN ACT relative to a forfeiture of personal property.
SPONSORS: Rep. Sylvia, Belk. 6; Rep. Bernardy, Rock. 16; Rep. Spillane, Rock. 2; Rep. J. Smith, Carr. 5; Rep. Silber, Belk. 2; Rep. T. Lekas, Hills. 37; Rep. Post, Hills. 4
COMMITTEE: Judiciary
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ANALYSIS
This bill limits the conditions under which seized property may be transferred to a federal agency.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-2468
11/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to a forfeiture of personal property.
Be it Enacted by the Senate and House of Representatives in General Court convened:
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.
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, 2023.