New Mexico 2023 Regular Session

New Mexico House Bill HB316

Caption

Property Seizures By Law Enforcement

Impact

If enacted, HB316 would implement stricter regulations on the transfer of forfeited property to federal authorities, mandating that law enforcement agencies only participate in federal equitable sharing programs under specific conditions. One key condition is that the value of the seized property must exceed fifty thousand dollars, ensuring that agencies do not circumvent the protections afforded under New Mexico's forfeiture laws. This change would impact the collaboration between state and federal agencies regarding property seizure, fostering a more controlled environment for such actions in the future.

Summary

House Bill 316 (HB316) is a legislative proposal aimed at revising laws related to the forfeiture of property by law enforcement agencies in New Mexico. Specifically, this bill seeks to amend existing statutes in the state's Forfeiture Act to create more uniform standards and procedures regarding property seizures and forfeitures. The bill's intent is to ensure that only criminal forfeiture is allowed according to state law and to protect the constitutional rights of individuals whose property may be seized. Additionally, it emphasizes the need to deter criminal activity through the reduction of economic incentives associated with such actions.

Contention

The bill has sparked discussion regarding the balance between effective law enforcement and the protection of citizens' rights. Critics of the bill may argue that limiting property transfers to federal authorities could hinder the effectiveness of major investigations involving interstate crime, while proponents believe that it will help prevent potential abuses of power associated with forfeiture practices. Ultimately, the bill aims to secure both law enforcement interests and the rights of property owners, though its implementation and reception could reveal underlying tensions in policing and civil liberties within the state.

Companion Bills

No companion bills found.

Previously Filed As

NM SB157

Seizure Of Property By Law Enforcement

NM HB1328

Require law enforcement to report certain seizures of property.

NM SB820

Cannabis: enforcement: seizure of property.

NM SB1574

Property seizure; forfeiture

NM HB3050

Relating to the seizure of contraband by law enforcement agencies.

NM HB10

Rld Cannabis Enforcement

NM SB252

Law Enforcement Officer Procedures Act

NM SB401

Relating to the seizure of property by a peace officer.

NM HB2396

Requiring a criminal conviction for civil asset forfeiture and proof beyond a reasonable doubt that property is subject to forfeiture, remitting proceeds to the state general fund and requiring law enforcement agencies to make forfeiture reports more frequently.

NM SB237

Requiring a criminal conviction for civil asset forfeiture and proof beyond a reasonable doubt that property is subject to forfeiture, remitting proceeds to the state general fund and requiring law enforcement agencies to make forfeiture reports more frequently.

Similar Bills

HI SB149

Relating To Property Forfeiture.

WV HB2585

Relating generally to forfeiture of contraband

LA SB359

Provides for civil forfeiture reform. (8/1/22)

WV HB4531

Relating generally to forfeiture of contraband

WV HB2072

Relating generally to forfeiture of contraband

WV HB2772

Relating generally to forfeiture of contraband

HI HB1965

Relating To Property Forfeiture.

WV HB4359

Creating the Criminal Forfeiture Process Act, replacing the West Virginia Contraband Forfeiture Act