jct74
07-03-2016, 05:56 PM
New Law Requires Criminal Convictions To Forfeit Property In New Hampshire
Nick Sibilla
JUN 27, 2016
New Hampshire became the latest state to roll back civil forfeiture, which allows law enforcement to seize and keep property without ever filing criminal charges. Under legislation signed by Gov. Maggie Hassan on Friday, the Granite State is now the 11th state to require criminal convictions as a prerequisite in most or all forfeiture cases. The legislation, SB 522, also raises the standard of proof to “clear and convincing evidence,” which will better protect property owners in court. In addition, SB 522 requires the attorney general to provide “detailed accounting” of grants made through the state’s drug forfeiture fund. The signing of SB 522 means New Hampshire is the eighth state to have reformed its forfeiture laws in 2016.
“Civil forfeiture is one of the most serious assaults on due process and private property rights in America today,” Rob Peccola, an attorney at the Institute for Justice, said in a statement. “Under this new law, only convicted criminals—and not the innocent—will lose their property to forfeiture.”
Unfortunately, while SB 522 is a welcome step in the right direction, it does not end law enforcement’s appalling incentive to profit from forfeiture cases. Under state law, once a property is forfeited, local agencies can keep 45% of the proceeds, while an additional 45% is funneled to the state’s drug forfeiture fund. (The remaining 10% is deposited into a separate account run by the New Hampshire Department of Health and Human Services.) Just over $1.15 million has been forfeited through state law from 1999 to 2013, a 2015 report by the Institute for Justice found.
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read more:
http://www.forbes.com/sites/instituteforjustice/2016/06/27/new-law-requires-criminal-convictions-to-forfeit-property-in-new-hampshire/#768c704a6183
Nick Sibilla
JUN 27, 2016
New Hampshire became the latest state to roll back civil forfeiture, which allows law enforcement to seize and keep property without ever filing criminal charges. Under legislation signed by Gov. Maggie Hassan on Friday, the Granite State is now the 11th state to require criminal convictions as a prerequisite in most or all forfeiture cases. The legislation, SB 522, also raises the standard of proof to “clear and convincing evidence,” which will better protect property owners in court. In addition, SB 522 requires the attorney general to provide “detailed accounting” of grants made through the state’s drug forfeiture fund. The signing of SB 522 means New Hampshire is the eighth state to have reformed its forfeiture laws in 2016.
“Civil forfeiture is one of the most serious assaults on due process and private property rights in America today,” Rob Peccola, an attorney at the Institute for Justice, said in a statement. “Under this new law, only convicted criminals—and not the innocent—will lose their property to forfeiture.”
Unfortunately, while SB 522 is a welcome step in the right direction, it does not end law enforcement’s appalling incentive to profit from forfeiture cases. Under state law, once a property is forfeited, local agencies can keep 45% of the proceeds, while an additional 45% is funneled to the state’s drug forfeiture fund. (The remaining 10% is deposited into a separate account run by the New Hampshire Department of Health and Human Services.) Just over $1.15 million has been forfeited through state law from 1999 to 2013, a 2015 report by the Institute for Justice found.
...
read more:
http://www.forbes.com/sites/instituteforjustice/2016/06/27/new-law-requires-criminal-convictions-to-forfeit-property-in-new-hampshire/#768c704a6183