Revision: Nov. 19, 2021, 2:47 p.m.
HB 1296-FN - AS INTRODUCED
2022 SESSION
22-2475
04/08
HOUSE BILL 1296-FN
AN ACT relative to money, coin, or currency which may be forfeited in connection with a drug offense.
SPONSORS: Rep. Sylvia, Belk. 6; Rep. True, Rock. 4; Rep. Silber, Belk. 2; Rep. Bailey, Straf. 1
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill limits the scope of money, coin, currency, and other property which is presumed to be subject to forfeiture under the controlled drug act.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-2475
04/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to money, coin, or currency which may be forfeited in connection with a drug offense.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Controlled Drug Act; Forfeiture of Items Used in Connection With Drug Offense. Amend RSA 318-B:17-b, I(c) to read as follows:
(c) Any moneys, coin, currency, negotiable instruments, securities or other investments knowingly used or intended for use in the procurement, manufacture, compounding, processing, concealing, trafficking, delivery or distribution of a controlled drug in felonious violation of this chapter and all proceeds, including moneys, coin, currency, negotiable instruments, securities or other investments, and any real or personal property, traceable thereto. [All moneys, coin, currency, negotiable instruments, securities and other investments found in proximity to controlled substances are presumed to be forfeitable under this paragraph. The claimant of the property shall bear the burden of rebutting this presumption.]
2 Effective Date. This act shall take effect January 1, 2023.
22-2475
10/22/21
HB 1296-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to money, coin, or currency which may be forfeited in connection with a drug offense.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2022 | FY 2023 | FY 2024 | FY 2025 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | Indeterminable | Indeterminable | Indeterminable |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ ] General [ ] Education [ ] Highway [ X ] Other - Drug Forfeiture Fund | |||
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METHODOLOGY:
This bill limits the scope of money, coin, currency, and other property which is presumed to be subject to forfeiture under the controlled drug act.
The Department of Safety indicates the law as currently written puts the burden of proof of legitimacy of funds on the suspect. The proposed law would place the burden on the state. The Division of State Police cannot predict how this will affect the Forfeiture Account and therefore the fiscal impact is indeterminable.
The Department of Justice states this bill could have an impact on how much forfeiture money is ultimately returned to the State following contested evidentiary hearings. It is uncertain how many evidentiary proceedings will be heard, therefore, the overall revenue and expenditure impact cannot be determined.
AGENCIES CONTACTED:
Departments of Justice and Safety