SENATE BILL NO (First Reprint) Pursuant to Article V, Section I, Paragraph 14 of the New

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1 SENATE BILL NO (First Reprint) To the Senate: Pursuant to Article V, Section I, Paragraph 14 of the New Jersey Constitution, I am returning Senate Bill No (First Reprint) with my recommendations for reconsideration. Civil asset forfeiture is a tool which allows the State and counties to seize property and assets that have been used in connection with criminal activity or are proceeds from criminal activity. No assets are seized unless, in a civil legal proceeding that preserves all due process rights, a judge determines that the asset is related to a criminal activity and will be used by the prosecuting agency for law enforcement purposes. Civil asset forfeiture funds play a critical role in supporting law enforcement programs in counties and across the State. These initiatives include State-wide gun buyback events, the purchase of Body Worn Cameras for law enforcement officers, naloxone kits which have been used to save thousands of lives from the opioid abuse epidemic, crisis intervention training, and military veterans diversionary programs. The assets are also used in the investigation of other crimes through the purchase of K-9 and drug-detecting dogs, the support of undercover narcotics investigations, and the financing of expert witness consultation. This bill requires each county prosecutor to submit annually to the Attorney General certain detailed information concerning each civil asset forfeiture, the circumstances under which the property was seized, and the law enforcement purpose

2 2 for which the property and funds were used. The bill then requires the Attorney General s Office to compile the information into an annual report to be delivered to the Legislature and published on its website. I recognize the importance of transparency in government and the need to inform the public about the work the government is doing. However, this bill calls for county prosecutors to disclose voluminous information that has no legitimate or logical relationship to the asset being seized or the ultimate use of the asset. Moreover, disclosure of some of the specific details that the bill requires could hamper ongoing law enforcement operations, undercut the effectiveness of law enforcement programs, and ultimately jeopardize the safety of the public and law enforcement officers. Therefore, I offer amendments to improve the bill to ensure information disclosed about forfeited assets is relevant to the public and ensures the integrity of law enforcement matters. First, to emphasize the importance of transparency in asset forfeiture, I recommend amending this bill to require the counties to report their seized assets to the Attorney General s Office on a quarterly basis, instead of annually. These quarterly reports will be made available on the Attorney General s website. Moreover, to eliminate the bill s potential danger of exposing ongoing investigations and compromising law enforcement officer lives, I suggest revising the information contained in the reports to specifically focus on the asset, its value, the proceedings leading up to the proper seizure of the asset, including the final disposition of the proceeding, and any other information that the Attorney General deems

3 3 appropriate. This will serve to strike a balance between government transparency and protecting law enforcement operations and personnel. Accordingly, I herewith return Senate Bill No (First Reprint) and recommend that it be amended as follows: Page 2, Section 1, Line 7: Delete annually Page 2, Section 1, Line 7: After submit insert Page 2, Section 1, Line 15: After property delete ; and insert, Page 2, Section 1, Line 15: After seizure delete ; and insert, Page 2, Section 1, Line 16: Delete market and insert amount of funds or estimated Page 2, Section 1, Line 16: Page 2, Section 1, Line 17: Page 2, Section 1, Lines 18-23: Page 2, Section 1, Line 25: Delete ; and insert, and Delete a description of the Page 2, Section 1, Line 26: Delete (a) and insert (3) the statutory authority under which forfeiture of the funds or property was sought, specifically Page 2, Section 1, Line 27: Page 2, Section 1, Line 28: Page 2, Section 1, Line 29: Page 2, Section 1, Line 30: Page 2, Section 1, Line 31: Page 2, Section 1, Line 31: Page 2, Section 1, Lines 32-34: Delete the Delete the forfeited funds or property were Delete pursuant to Delete and Page 2, Section 1, Line 39: Before value insert estimated Page 2, Section 1, Line 39: Delete, and insert ; Page 2, Section 1, Lines 40-42: Page 3, Section 1, Lines 1-2: Delete A county prosecutor shall include in the annual report information

4 4 concerning and insert To the extent that Page 3, Section 1, Line 2: Page 3, Section 1, Lines 5-6: Page 3, Section 1, Line 7: After property insert are and insert that information shall be included in the quarterly reports submitted to the Attorney General, identifying property so received. Delete annually Page 3, Section 1, Line 7: After submit insert Page 3, Section 1, Line 17: Page 3, Section 2, Line 19: Page 3, Section 2, Lines 22-23: After. insert e. Nothing in this section shall be deemed to require the disclosure of any information that could reasonably jeopardize the safety of a law enforcement officer or the public, or compromise the integrity of any criminal investigation. Delete a. Delete compile annually and insert publish on the Attorney General s website Page 3, Section 2, Line 23: After the insert Page 3, Section 2, Line 23: Page 3, Section 2, Lines 24-27: Page 3, Section 2, Line 28: Delete, including a list of county and insert submitted by each county prosecutor. Delete parties. Page 3, Section 2, Line 28: After shall insert annually Page 3, Section 2, Line 28: Delete this and insert a summary Page 3, Section 2, Line 29: Page 3, Section 2, Lines 30-32: After (C.52: ) delete. Page 3, Section 2, Line 33: Page 3, Section 2, Line 33: Delete subsection a. of this section and insert, which After shall insert also

5 5 Page 3, Section 3, Line 36: Delete third and insert sixth Respectfully, [seal] /s/ Chris Christie Governor Attest: /s/ Thomas P. Scrivo Chief Counsel to the Governor