Relative to the contents of the attorney general's annual report detailing state forfeiture information for the preceding fiscal year.
Impact
The enactment of HB509 would necessitate a shift in the operational processes of the Department of Justice (DOJ), requiring law enforcement agencies to provide more granular data regarding seizures and forfeitures. Although the bill does not authorize new funding, it is expected to incur additional administrative costs. Specifically, the DOJ anticipates the hiring of an investigative paralegal to manage the increased reporting obligations, which will be funded primarily through federal sources. This could result in a budget impact of approximately $59,000 in the subsequent fiscal year.
Summary
House Bill 509 (HB509) proposes significant modifications to the annual report requirements of the New Hampshire Attorney General regarding the forfeiture of personal property. The bill aims to enhance transparency by mandating detailed disclosures related to property seizures and the subsequent legal proceedings. For instance, it specifies the information law enforcement agencies must include in their reports, such as the date of the seizure, the type of property, the criminal offenses related to the seizure, and the outcomes of the criminal cases. This initiative is seen as a step toward greater accountability in law enforcement practices concerning asset forfeiture.
Contention
While supporters of the bill argue that it promotes transparency and accountability in forfeiture proceedings, there may be concerns from law enforcement regarding the logistical challenges of compiling and reporting the specified data. Critics may also highlight the implications this could have for ongoing cases, particularly if the data sharing is perceived to compromise the integrity of investigations or prosecutions. As such, discussions surrounding HB509 may reflect a broader debate about the balance between law enforcement authority and individual rights related to property seizures.
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.
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.
Requiring a criminal conviction for civil asset forfeiture, remitting proceeds from civil asset forfeiture to the state general fund, increasing the burden of proof required to forfeit property, making certain property ineligible for forfeiture, providing persons involved in forfeiture proceedings representation by counsel and the ability to demand a jury trial and allowing a person to request a hearing on whether forfeiture is excessive.
Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, providing limitations on state and local law enforcement agency requests for federal adoption of a seizure under the act, requiring probable cause affidavit filing and review to commence forfeiture proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence, authorizing courts to order payment of attorney fees and costs for certain claimants and requiring the Kansas bureau of investigation to submit forfeiture fund financial reports to the legislature.