New Hampshire House Bill 1192 – Relative to forfeiture of seized personal property


Bill No.:
HB 1192
Bill Location:
New HampshireAssembly / House
Bill Title:

Relative to forfeiture of seized personal property

Full Bill Text ›
NMA Recommendation:
Support

UPDATE June 16, 2020: Introduced 06/16/2020, and Laid on Table, Motion Adopted, Voice Vote; 06/16/2020; Senate Journal 8

UPDATE March 11, 2020: Ought to Pass with Amendment 2020-0411h: Motion Adopted Voice Vote 03/11/2020

UPDATE March 4, 2020: Committee Report: Ought to Pass with Amendment # 2020-0411h for 03/11/2020 (Vote 16-1; Consent Calendar)

UPDATE February 5, 2020: Executive session scheduled for March 3rd at 1 pm

UPDATE January 23, 2020: The Judiciary Committee scheduled a February 5, 2020 hearing.

House Bill 1192 was filed on December 2, 2019. It will be introduced on January 8, 2020 and then referred to the House Judiciary Committee.

The key statement, with amended language highlighted: “No asset forfeiture may be maintained against a person’s interest in property if that person [has been found not guilty of the underlying felonious chargewas not charged with or convicted of an underlying criminal offense under this chapter.”

The NMA supports this tightening of civil asset forfeiture laws whereby a government agency cannot seize a person’s property if the person is merely suspected of criminal action. The person must be charged or convicted of a criminal offense. While we would like to see “charged or” also removed from the statute — property shouldn’t be seized unless the owner of the property has been found guilty — this is a step in the right direction for civil asset forfeiture reform. 

 


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