| a. Any interest
in the following shall be subject to forfeiture and no property right
shall exist in them:
(1) Controlled dangerous substances, firearms which are unlawfully
possessed, carried, acquired or used, illegally possessed gambling devices,
untaxed cigarettes and untaxed special fuel. These shall be designated
prima facie contraband.
(2) All property which has been, or is intended to be, utilized in
furtherance of an unlawful activity, including, but not limited to,
conveyances intended to facilitate the perpetration of illegal acts,
or buildings or premises maintained for the purpose of committing offenses
against the State.
(3) Property which has become or is intended to become an integral
part of illegal activity, including, but not limited to, money which
is earmarked for use as financing for an illegal gambling enterprise.
(4) Proceeds of illegal activities, including, but not limited to,
property or money obtained as a result of the sale of prima facie contraband
as defined by subsection a. (1), proceeds of illegal gambling, prostitution,
bribery and extortion.
b. Any article subject to forfeiture under this chapter may be seized
by the State or any law enforcement officer as evidence pending a criminal
prosecution pursuant to section 2C:64-4 or, when no criminal proceeding
is instituted, upon process issued by any court of competent jurisdiction
over the property, except that seizure without such process may be made
when not inconsistent with the Constitution of this State or the United
States, and when
(1) The article is prima facie contraband; or,
(2) The property subject to seizure poses an immediate threat to the
public health, safety or welfare.
c. For the purposes of this section: "Untaxed special fuel"
means diesel fuel, No. 2 fuel oil and kerosene on which the motor fuel
tax imposed pursuant to R.S.54:39-1 et seq. is not paid that is delivered,
possessed, sold or transferred in this State in a manner not authorized
pursuant to R.S.54:39-1 et seq. or P.L.1938, c.163 (C.56:6-1 et seq.).
Amended 1979,c.344,s.1; 1981,c.290,s.46; 1992,c.23,s.70.
2C:64-2. Forfeiture procedures; prima facie contraband Forfeiture Procedures;
Prima Facie Contraband.
Except as provided in N.J.S. 2C:35-21, prima facie contraband shall
be retained by the State until entry of judgment or dismissal of the
criminal proceeding, if any, arising out of the seizure. Thereafter,
prima facie contraband shall be forfeited to the entity funding the
prosecuting agency involved, subject to the rights of owners and others
holding interests pursuant to section 2C:64-5.
Amended by L. 1979, c. 344, s. 2; 1981, c. 290, s. 47; 1987, c. 106,
s. 17.
2C:64-3. Forfeiture procedures 2C:64-3. Forfeiture procedures. a. Whenever
any property other than prima facie contraband is subject to forfeiture
under this chapter, such forfeiture may be enforced by a civil action,
instituted within 90 days of the seizure and commenced by the State
and against the property sought to be forfeited.
b. The complaint shall be verified on oath or affirmation. It shall
describe with reasonable particularity the property that is the subject
matter of the action and shall contain allegations setting forth the
reason or reasons the article sought to be or which has been seized
is contraband.
c. Notice of the action shall be given to any person known to have
a property interest in the article. In addition, the notice requirements
of the Rules of Court for an in rem action shall be followed.
d. The claimant of the property that is the subject of an action under
this chapter shall file and serve his claim in the form of an answer
in accordance with the Rules of Court. The answer shall be verified
on oath or affirmation, and shall state the interest in the property
by virtue of which the claimant demands its restitution and the right
to defend the action. If the claim is made in behalf of the person entitled
to possession by an agent, bailee or attorney, it shall state that he
is duly authorized to make the claim.
e. If no answer is filed and served within the applicable time, the
property seized shall be disposed of pursuant to N.J.S.2C:64-6.
f. If an answer is filed, the Superior or county district court shall
set the matter down for a summary hearing as soon as practicable. Upon
application of the State or claimant, if he be a defendant in a criminal
proceeding arising out of the seizure, the Superior or county district
court may stay proceedings in the forfeiture action until the criminal
proceedings have been concluded by an entry of final judgment.
g. Any person with a property interest in the seized property, other
than a defendant who is being prosecuted in connection with the seizure
of property may secure its release pending the forfeiture action unless
the article is dangerous to the public health, safety and welfare or
the State can demonstrate that the property will probably be lost or
destroyed if released or employed in subsequent criminal activity. Any
person with such a property interest other than a defendant who is being
prosecuted, prior to the release of said property shall post a bond
with the court in the amount of the market value of the seized item.
h. The prosecuting agency with approval of the entity funding such
agency, or any other entity, with the approval of the prosecuting agency,
where the other entity's law enforcement agency participated in the
surveillance, investigation or arrest which is the subject of the forfeiture
action, may apply to the Superior Court for an order permitting use
of seized property, pending the disposition of the forfeiture action
provided, however, that such property shall be used solely for law enforcement
purposes. Approval shall be liberally granted but shall be conditioned
upon the filing of a bond in an amount equal to the market value of
the item seized or a written guarantee of payment for property which
may be subject to return, replacement or compensation as to reasonable
value in the event that the forfeiture is refused or only partial extinguishment
of property rights is ordered by the court.
i. If the property is of such nature that substantial difficulty may
result in preserving its value during the pendency of the forfeiture
action, the Superior or county district court may appoint a trustee
to protect the interests of all parties involved in the action.
j. Evidence of a conviction of a criminal offense in which seized property
was either used or provided an integral part of the State's proofs in
the prosecution shall be considered in the forfeiture proceeding as
creating a rebuttable presumption that the property was utilized in
furtherance of an unlawful activity.
Amended 1979,c.344,s.3; 1981,c.290,s.48; 1989,c.279,s.1.
2C:64-4. Seized property; evidentiary use a. Nothing in this chapter
shall impair the right of the State to retain evidence pending a criminal
prosecution.
b. The fact that a prosecution involving seized property terminates
without a conviction does not preclude forfeiture proceedings against
the property pursuant to this chapter.
L.1978, c. 95, s. 2C:64-4, eff. Sept. 1, 1979. Amended by L.1979, c.
344, s. 4, eff. Jan. 23, 1980; L.1981, c. 290, s. 49, eff. Sept. 24,
1981.
2C:64-5. Seized property; rights of owners and others holding interests
Seized Property; Rights of Owners and Others Holding Interests. a. No
forfeiture under this chapter shall affect the rights of any lessor
in the ordinary course of business or any person holding a perfected
security interest in property subject to seizure unless it shall appear
that such person had knowledge of or consented to any act or omission
upon which the right of forfeiture is based. Such rights are only to
the extent of interest in the seized property and at the option of the
entity funding the prosecuting agency involved may be extinguished by
appropriate payment.
b. Property seized under this chapter shall not be subject to forfeiture
if the owner of the property establishes by a preponderance of the evidence
that the owner was not involved in or aware of the unlawful activity
and that the owner had done all that could reasonably be expected to
prevent the proscribed use of the property by an agent. A person who
uses or possesses property with the consent or knowledge of the owner
is deemed to be the agent of the owner for purposes of this chapter.
c. Property seized under this chapter shall not be subject to forfeiture
if the property is seized while entrusted to a person by the owner or
the agent of the owner when the property has been entrusted to the person
for repairs, restoration or other services to be performed on the property,
and that person, without the owner's knowledge or consent, uses the
property for unlawful purposes.
L. 1978, c. 95, s. 2C:64-5, eff. Sept. 1, 1979. Amended by L. 1979,
c. 344, s. 5, eff. Jan. 23, 1980; L. 1981, c. 290, s. 50, eff. Sept.
24, 1981; L. 1986, c. 79, s. 1, eff. Aug. 6, 1986.
2C:64-6. Disposal of forfeited property 2C:64-6. Disposal of Forfeited
Property. a. Property which has been forfeited shall be destroyed if
it can serve no lawful purpose or it presents a danger to the public
health, safety or welfare. All other forfeited property or any proceeds
resulting from the forfeiture and all money seized pursuant to this
chapter shall become the property of the entity funding the prosecuting
agency involved and shall be disposed of, distributed, appropriated
and used in accordance with the provisions of this chapter.
The prosecutor or the Attorney General, whichever is prosecuting the
case, shall divide the forfeited property, any proceeds resulting from
the forfeiture or any money seized pursuant to this chapter with any
other entity where the other entity's law enforcement agency participated
in the surveillance, investigation, arrest or prosecution resulting
in the forfeiture, in proportion to the other entity's contribution
to the surveillance, investigation, arrest or prosecution resulting
in the forfeiture, as determined in the discretion of the prosecutor
or the Attorney General, whichever is prosecuting the case. Notwithstanding
any other provision of law, such forfeited property and proceeds shall
be used solely for law enforcement purposes, and shall be designated
for the exclusive use of the law enforcement agency which contributed
to the surveillance, investigation, arrest or prosecution resulting
in the forfeiture.
The Attorney General is authorized to promulgate rules and regulations
to implement and enforce the provisions of this act.
b. For a period of two years from the date of enactment of P.L.1993,
c.227 (C.26:4-100.13 et al.), 10% of the proceeds obtained by the Attorney
General under the provisions of subsection a. of this section shall
be deposited into the Hepatitis Inoculation Fund established pursuant
to section 2 of P.L.1993, c.227 (C.26:4-100.13).
c. Beginning two years from the date of enactment of P.L.1993, c.227
(C.26:4-100.13 et al.) and in subsequent years, 5% of the proceeds obtained
by the Attorney General under the provisions of subsection a. of this
section shall be deposited into the Hepatitis Inoculation Fund established
pursuant to section 2 of P.L.1993, c.227 (C.26:4-100.13).
Amended 1979,c.344,s.6; 1985,c.110,s.1; 1986,c.135,s.1; 1993,c.227,s.1.
2C:64-7. Vesting of title in forfeited property Vesting of Title in
Forfeited Property. Title to property forfeited under this chapter shall
vest in the entity funding the prosecuting agency involved at the time
the item was utilized illegally, or, in the case of proceeds, when received.
If another entity's law enforcement agency has participated in the
surveillance, investigation, arrest or prosecution resulting in the
forfeiture, then the prosecutor or the Attorney General, whichever is
prosecuting the case, shall vest title to forfeited property, including
motor vehicles, by dividing the forfeited property with the other entity
in proportion to the other entity's contribution to the surveillance,
investigation, arrest or prosecution resulting in the forfeiture, as
determined in the discretion of the prosecutor or the Attorney General.
If the property, including motor vehicles, cannot be divided as required
by this section, then the prosecutor or the Attorney General, whichever
is prosecuting the case, shall sell the property, including motor vehicles,
and the proceeds of the sale shall be divided with the other entity
in proportion to the other entity's contribution to the surveillance,
investigation, arrest or prosecution resulting in the forfeiture, as
determined in the discretion of the prosecutor or the Attorney General.
L. 1978, c. 95, s. 2C:64-7, eff. Sept. 1, 1979. Amended by L. 1979,
c. 344, s. 7, eff. Jan. 23, 1980; L. 1985, c. 110, s. 2, eff. April
9, 1985; L. 1986, c. 135, s. 2, eff. Dec. 1, 1986.
2C:64-8. Seized property; statute of limitations on claims Any person
who could not with due diligence have discovered that property which
he owns was seized as contraband may file a claim for its return or
the value thereof at the time of seizure within 3 years of the seizure
if he can demonstrate that he did not consent to, and had no knowledge
of its unlawful use. If the property has been sold, the claimant receives
a claim against proceeds.
L.1978, c. 95, s. 2C:64-8, eff. Sept. 1, 1979. Amended by L.1979, c.
344, s. 8, eff. Jan. 23, 1980.
2C:64-9. Forfeited weapons with military value; donation to National
Guard Militia Museum Any weapon with present or historical military
value that has been forfeited pursuant to the provisions of chapter
64 of Title 2C of the New Jersey Statutes may be donated to the National
Guard Militia Museum of New Jersey at Sea Girt by the law enforcement
agency retaining it.
L.1981, c. 112, s. 1, eff. April 2, 1981. 2C:65-1. Procedure to be
followed by law enforcement agencies when stolen property is taken into
custody When any article of property alleged to be stolen comes into
the custody of a law enforcement agency, that agency shall enter in
a suitable book a description of that article and shall attach a number
to each article, and make a corresponding entry thereof. The agency
shall also make and retain a complete photographic record of the property.
The photographic record, upon proper authentication, may be introduced
as evidence in any court in lieu of the property.
L.1979, c. 178, s. 140, eff. Sept. 1, 1979.
2C:65-2. Release of stolen property prior to final determination of
proceeding a. A law enforcement agency, upon satisfactory proof of ownership
of property held pursuant to this section, and upon presentation of
proper personal identification, may release the property to the person
presenting such proof pursuant to the provisions of subsection b. The
release shall be without prejudice to the State or to the person from
whom custody of the property was taken or to any person who may have
a claim against the property. Any such delivery shall be noted in the
book required by 2C:65-1. The person to whom the property is delivered
shall sign a sworn declaration of ownership which shall be retained
by the agency.
b. Nothing in this section shall prohibit a law enforcement agency
from immediately returning property to its rightful owner where the
agency is satisfied that there is no colorable dispute as to ownership;
provided, however, that where the law enforcement agency has reason
to believe that there is a dispute concerning ownership of property,
or if the person from whom custody of the property was taken shall claim
ownership, or if any other person shall claim ownership, the property
shall not be released to any person claiming it until a hearing has
been held pursuant to subsection c.
c. The court having jurisdiction over the case in which the stolen
property is involved, upon application by the person from whom possession
was taken, or the person claiming ownership, shall review the matter
and order the property to be delivered to the person claiming ownership,
or to be retained by the law enforcement agency upon a finding that
the person claiming ownership of the property is not entitled thereto.
L.1979, c. 178, s. 140, eff. Sept. 1, 1979. Amended by L.1981, c. 290,
s. 51, eff. Sept. 24, 1981.
2C:65-3. Disposition of stolen property after final determination of
proceeding a. After final determination of any action or proceeding,
the court, on application of the person claiming ownership, or an agent
designated in writing by the person, may order all property, other than
documentary exhibits, to be delivered to the person.
b. After the expiration of 6 months from the final determination of
the action, if the person entitled to the property is unknown, or fails
to apply, the court in which the case was tried, upon application of
the law enforcement agency in possession of the property, shall make
an order specifying what property may be released from the custody of
the agency without prejudice to the State. Upon receipt of the order,
the clerk of the court shall transfer the property for disposal at public
sale to the State, county or municipality, whichever was the prosecuting
authority. The property shall not be transferred where it consists of
money or currency, but it shall be deposited immediately in the general
fund of either the State, county or municipality.
L.1979, c. 178, s. 140, eff. Sept. 1, 1979.
2C:65-4. Disposition of documentary exhibits No exhibit shall be destroyed
or otherwise disposed of until 60 days after the clerk of the court
has posted a notice conspicuously in three places in the county, referring
to the order for the disposition, describing briefly the exhibit, and
indicating the date after which the exhibit will be destroyed or otherwise
disposed of.
L.1979, c. 178, s. 140, eff. Sept. 1, 1979.
2C:66-1. Attachment of deposited funds of suspected terrorists or their
supporters 1.Attachment of deposited funds.
a.As used in this act:
"Financial institution" means a state or federally chartered
bank, savings bank or savings and loan association or any other financial
services company or provider, including, but not limited to, broker-dealers,
investment companies, money market and mutual funds, credit unions and
insurers.
b.Upon application by the Attorney General, a court may issue an attachment
order directing a financial institution to freeze some or all of the
funds or assets deposited with or held by the financial institution
by or on behalf of an account holder when there exists a reasonable
suspicion that the account holder has committed or is about to commit
the crime of terrorism in violation of section 2 of P.L.2002, c.26 (C.2C:38-2)
or soliciting or providing material support or resources for terrorism
in violation of section 5 of P.L.2002, c.26 (C.2C:38-5).
L.2003,c.22,s.1.
2C:66-2. Application by Attorney General 2.Application. The application
of the Attorney General required by this act shall contain:
a.a statement of the approximate financial loss caused by the account
holder in the commission of the crime of terrorism in violation of section
2 of P.L.2002, c 26 (C.2C:38-2) or soliciting or providing material
support or resources for terrorism in violation of section 5 of P.L.2002,
c.26 (C.2C:38-5);
b.a statement of facts relied upon by the Attorney General, including
the details of the particular offense that is about to be committed
or that has been committed; and
c.identification of the account holder's name and financial institution
account number.
L.2003,c.22,s.2.
|
