New Jersey 2024-2025 Regular Session

New Jersey Senate Bill SR51

Introduced

1/9/24

Refer

1/9/24

Caption

Urges New Jersey Supreme Court to study reasonableness of lowering court fees in civil asset forfeiture cases.

Impact

The resolution highlights significant barriers faced by individuals attempting to reclaim seized property, particularly regarding the high court fees associated with filing for replevin. Since these fees can exceed the value of the seized property, many individuals opt not to challenge the seizure, effectively ceding their rights to the property. This situation disproportionately affects low-income individuals and communities, raising alarms about equity and access to justice in the legal system. The urging of the Supreme Court to consider lowering these fees is a step towards alleviating these disparities in access.

Summary

Senate Resolution No. 51 urges the New Jersey Supreme Court to examine the reasonableness of court fees imposed in civil asset forfeiture cases. Civil asset forfeiture allows law enforcement to seize personal property they believe is connected to criminal activities, with a lower evidential standard of 'preponderance of evidence' compared to the 'beyond a reasonable doubt' standard required for criminal convictions. This has sparked debate about the appropriateness of allowing such seizures without a corresponding criminal charge against the property owner, raising concerns about civil liberties and due process.

Contention

Opponents of civil asset forfeiture argue that it incentivizes law enforcement agencies to prioritize revenue generation over public safety, as proceeds from such forfeitures are often earmarked for law enforcement use. This has led to criticism from civil rights organizations, suggesting that the practice unfairly targets vulnerable communities and violates fundamental principles of justice. The resolution calls for a critical reassessment of the legal framework governing these fees to ensure fair treatment and uniformity across New Jersey's counties.

Latest SR51 Activity

Companion Bills

NJ AR107

Carry Over Urges New Jersey Supreme Court to study reasonableness of lowering court fees in civil asset forfeiture cases.

Similar Bills

HI SB149

Relating To Property Forfeiture.

LA SB359

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

WV HB2585

Relating generally to forfeiture of contraband

KS 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.

KS HB2396

KS HB2380

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.

HI HB1965

Relating To Property Forfeiture.

KS SB458

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.