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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.
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