Limit to civil forfeiture?

Having passed the House, HB 636, which seeks to limit civil forfeitures to people who have been convicted of a crime, is now being considered by the Senate Judiciary Committee.

Currently, the state government can seize people’s assets if they are believed to have been derived from, or used in, the commission of a crime. Such civil forfeitures can be filed before an individual has been indicted or charged with a crime.

In New Hampshire, the money is redistributed in the following ways: 45% goes to participating police agencies; 45% is placed into the drug forfeiture fund; and 10% is used for treatment programs.

Some supporters of HB 636 say it provides due process and protects the innocent, while others argue the bill would ensure police departments do not profit from state civil forfeitures.

Opponents of the bill point out that civil forfeiture helps take the profit out of criminal activity, which could help discourage other criminal acts.

Gov. Maggie Hassan has threatened to veto the bill if it passes both branches of the state legislature.