Chiaravalloti, Sumter, Pinkin Measure to Revise Certain Asset Forfeiture Proceedings, Mandate Criminal Conviction Requirement for Property Approved by Assembly

Aiming to revise the standard of proof required during the seizure of certain asset forfeiture proceedings, a measure that would mandate a criminal conviction in such cases was recently approved 70-2-4 by the full Assembly.

As per the bill (A-4970), seized property would not be subject to forfeiture except during prosecution and criminal conviction involving: (1) cash valued at $1,000 or less, or  (2) non-cash property valued at $25,000 or less. The legislation is sponsored by Assembly Democrats Nicholas Chiaravalloti (D-Hudson), Shavonda Sumter (D-Bergen, Passaic) and Nancy Pinkin (D-Middlesex) who issued the following joint statement:

“Far too often, individuals involved in cases of this nature face the onerous task of reclaiming their property in a system that can make doing so more expensive than the property itself. This measure is designed to ensure that barring a criminal conviction, an owner can reclaim their property more readily and fairly.”