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.”