Revision: Nov. 15, 2023, 1:36 p.m.
2024 SESSION
24-2818.0
09/05
SENATE BILL [bill number]
AN ACT relative to the return of property collected in the course of a police investigation.
SPONSORS: [sponsors]
COMMITTEE: [committee]
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ANALYSIS
This bill provides for the automatic return of seized property following certain dispositions of criminal cases, subject to certain exceptions.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2818.0
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to the return of property collected in the course of a police investigation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Search Warrants; Seizure, Custody and Disposition of Articles; Exceptions. Amend RSA 595-A:6 to read as follows:
595-A:6 Seizure, Custody and Disposition of Articles; Exceptions.
I. If an officer in the execution of a search warrant, or by some other authorized method, finds property or articles he is empowered to take, he shall seize and safely keep them under the direction of the court or justice so long as necessary to permit them to be produced or used as evidence in any trial. Upon application by a prosecutor, defendant, or civil claimants, the court, prior to trial or upon an appeal after trial, shall, upon notice to a defendant and hearing, and except for good cause shown, order returned to the rightful owners any stolen, embezzled or fraudulently obtained property, or any other property of evidential value, not constituting contraband. This section shall apply regardless of how possession of the property was obtained by the state. Photographs or other identification or analysis made of the returned property shall be admissible at trial as secondary evidence, in lieu of the originals, for all relevant purposes, including ownership. In the case of unknown, unapprehended defendants, or defendants willfully absent from the jurisdiction, the court shall have discretion to appoint a guardian ad litem to represent the interest of such unknown or absent defendants. The judicial findings on such matters as ownership, identification, chain of possession or value made at such an evidentiary hearing for the restoration of property to the rightful owners shall thereafter be admissible at trial, to be considered with other evidence on the same issues, if any, as may be admitted before the finder of fact. All other property seized in execution of a search warrant or otherwise coming into the hands of the police shall be returned to the owner of the property, or shall be disposed of as the court or justice orders, which may include forfeiture and either sale or destruction as the public interest requires, in the discretion of the court or justice, and in accordance with due process of law and except as provided in paragraph II. Any property, the forfeiture and disposition of which is specified in any general or special law, shall be disposed of in accordance therewith.
II. In any criminal case where all charges result in a verdict of not guilty, or where all charges are dismissed by the court or state prior to verdict, the police agency having custody of the property shall return all property not constituting contraband to its rightful owner within 5 days of notification of the verdict or dismissal, unless the state files a motion prior to the 5th day showing cause why the property should not be released.
(a) For purposes of this section, "property" includes, but is not limited to, any firearm seized.
(b) The police shall not return any firearm to any person who is otherwise prohibited by law from possession of the firearm.
(c) If the state objects to the return of the property, the court shall allow the property's owner an opportunity to respond, and shall order the return of the property unless it finds that the interests of justice otherwise require, such as need for a continuing investigation. If the court upholds the state's objection to the return of the property, the court shall set a reasonable time limitation whereby the state must either petition the court to further extend the time to return the property or return the property.
2 Effective Date. This act shall take effect January 1, 2025.