S1963 —

2019, c.304 (S1963 1R) §§1-4CHAPTER -304 C.2C:64-10  toAn 2C:64-13Act §5concerning -asset Noteforfeiture  and P.L.supplementing Title 2C of the New Jersey Statutes.

2019,  CHAPTER     304,Be approvedIt JanuaryEnacted 13,by 2020the Senate,Senate No.and General Assembly of the State of New Jersey:

1963 (First Reprint)    C.2C:64-10  An“Quarter” Actdefined. concerning asset forfeiture and supplementing Title 2C of the New Jersey Statutes.         Be It Enacted by the Senate and General Assembly of the State of New Jersey:

       1.    For the purposes of P.L.    P.L.2019, ,c.304 c.    (C.2C:64-10 (C.    et )seq.), (pending“quarter” beforemeans thea Legislaturecalendar year quarter as thisfollows:  bill)1[:January 1 through March 31;

     “Quarter”] , “quarter”1 means a calendar year quarter as follows:  January 1 through March 31;

and October 1 through December 31.        C.2C:64-11  2.   Report a.  A county prosecutor shall compile and submit to the Attorney GeneralGeneral. a quarterly report on the first day of the month following the end of each quarter containing information pertaining to each seizure and forfeiture of funds or property by a law enforcement agency within the county pursuant to N.J.S.2C:64-1 et seq., N.J.S.2C:41-1 et seq., or P.L.1994, c.121 (C.2C:21-23 et seq.).

      2.

a.

A county prosecutor shall compile and submit to the Attorney General a quarterly report on the first day of the month following the end of each quarter containing information pertaining to each seizure and forfeiture of funds or property by a law enforcement agency within the county pursuant to N.J.S.2C:64-1 et seq., N.J.S.2C:41-1 et seq., or P.L.1994, c.121 (C.2C:21-23 et seq.).

     (f)   the amount of funds or estimated value of the seized property; property; and      (g)   the alleged criminal offense associated with the seizure and whether the offense is pursuant to federal or State law;

and      (2)  (g)   the dispositionalleged of any criminal actionoffense relatedassociated towith the seizure,seizure includingand whether the defendantoffense wasis chargedpursuant withto anfederal offense, if charges were dismissed, and if the defendant was acquitted, entered into a plea agreement, or wasState convicted. law;      (3)   information on forfeiture of the seized property, including:

     (2)   the disposition of any criminal action related to the seizure, including whether the defendant was charged with an offense, if charges were dismissed, and if the defendant was acquitted, entered into a plea agreement, or was convicted.

     (3)   information on forfeiture of the seized property, including:

and      (12)    any other information required by the Attorney General. General.      b.    A county prosecutor shall include in the quarterly report information concerning any forfeiture funds or property received by a law enforcement agency within the county as a result of its own actions, an adoption by a federal agency, or a joint task force comprised of municipal, State, and federal law enforcement officers, including the amount of forfeited funds or the estimated value of forfeited property received by the agency.

     c.     b.   A county prosecutor shall compileinclude andin submitthe toquarterly report information concerning any forfeiture funds or property received by a law enforcement agency within the Attorneycounty Generalas ona result of its own actions, an adoption by a quarterlyfederal basisagency, or a reportjoint ontask theforce usecomprised of forfeitedmunicipal, fundsState, and propertyfederal including: law  enforcement     officers, (1)  including the total amount of forfeited funds expended,or whichthe resultedestimated fromvalue of forfeited property seized,received forfeited,by andthe reported;agency.

and      (2)   c.    theA totalcounty valueprosecutor ofshall seizedcompile and forfeitedsubmit propertyto held by the lawAttorney enforcementGeneral agencyon at the end of the reporting period.       d.    If a lawquarterly enforcementbasis agency did not seize any property during the preceding year, the agency shall file a report specifyingon thatthe ituse didof notforfeited engagefunds inand aproperty seizureincluding: or forfeiture during the reporting period.

       e.    (1)   Athe countytotal prosecutoramount mayof use proceeds from forfeiture funds toexpended, paywhich theresulted costfrom ofproperty compilingseized, andforfeited, reporting seizure and forfeiturereported; information required pursuant to this section.

and      f.    (2)   Nothing in this section shall be deemed to require the countytotal prosecutorvalue toof discloseseized anyand informationforfeited thatproperty couldheld reasonablyby jeopardize the safetylaw ofenforcement anyagency personat orthe anyend criminal investigation in progress.  This exception shall be narrowly construed to prevent disclosure only of information that would be harmful to a bona fide law enforcement purpose or the publicreporting safety.period.

       3.    d.   TheIf Attorneya Generallaw shall:enforcement agency did not seize any property during the preceding year, the agency shall file a report specifying that it did not engage in a seizure or forfeiture during the reporting period.

     a.     e.    developA ancounty assetprosecutor forfeituremay reportinguse formproceeds tofrom beforfeiture completedfunds by a county prosecutor to implementpay the provisionscost of sectioncompiling 1and ofreporting P.L.    seizure ,and c.     forfeiture (C.      information )required (pendingpursuant beforeto the Legislature as this bill);section.

     b.    f.    establishNothing andin maintainthis asection caseshall trackingbe systemdeemed andto searchablerequire databasethe oncounty aprosecutor website accessible to thedisclose publicany information that includescould reasonably jeopardize the informationsafety pursuantof any person or any criminal investigation in progress.  This exception shall be narrowly construed to sectionprevent 1disclosure only of P.L.    information ,that c.     would (C.be harmful to a bona fide law enforcement purpose or the public safety.

)  (pendingC.2C:64-12  beforeResponsibilities theof LegislatureAttorney asGeneral. this bill);

     3.    The Attorney General shall:

     a.     develop an asset forfeiture reporting form to be completed by a county prosecutor to implement the provisions of section 1 of P.L.2019, c.304 (C.2C:64-10);

     b.    establish and maintain a case tracking system and searchable database on a website accessible to the public that includes the information pursuant to section 1 of P.L.2019, c.304 (C.2C:64-10);

      C.2C:64-13  4.   Notification Theto Attorney General shall electronically notify any law enforcement agencyagency. which has not submitted to the county prosecutor information pertaining to each seizure and forfeiture of funds or property pursuant to section 2 of P.L.     c.     (C.     ) (pending before the Legislature as this bill) by the 15th day following the day the county prosecutor submits the quarterly report to the Attorney General.

     4.    The Attorney General shall electronically notify any law enforcement agency which has not submitted to the county prosecutor information pertaining to each seizure and forfeiture of funds or property pursuant to section 2 of P.L.2019, c.304 (C.2C:64-11) by the 15th day following the day the county prosecutor submits the quarterly report to the Attorney General.

                                          EstablishesApproved assetJanuary forfeiture13, reporting2020. and transparency requirements.