People are getting excited (with good reason) that Democrat Governor Hassan signed criminal asset forfeiture reform in New Hampshire,
(Forbes) New Hampshire became the latest state to roll back civil forfeiture, which allows law enforcement to seize and keep property without ever filing criminal charges. Under legislation signed by Gov. Maggie Hassan on Friday, the Granite State is now the 11th state to require criminal convictions as a prerequisite in most or all forfeiture cases. The legislation, SB 522, also raises the standard of proof to “clear and convincing evidence,” which will better protect property owners in court. In addition, SB 522 requires the attorney general to provide “detailed accounting” of grants made through the state’s drug forfeiture fund. The signing of SB 522 means New Hampshire is the eighth state to have reformed its forfeiture laws in 2016.
But she never admits to the civil/criminal asset forfeiture portion of the legislation in her signing statement.
Statement from Governor Hassan on Signing Bill Providing Funding to Police Standards and Training
“As the heroin and opioid crisis devastates families, businesses and communities across the state, it is critical that we provide additional resources to those combating this horrible epidemic on the front lines,” Governor Hassan said. “By providing an additional $5 million for prevention, treatment and recovery programs and supportive housing, Senate Bill 533 will help providers across the state assist thousands of Granite Staters, while the technology upgrades made possible by Senate Bill 522 provides $130,000 for technology upgrades to the PDMP that will help more prescribers use it in a timely fashion, and it maintains the State’s drug forfeiture fund to support the Attorney General’s Drug Task Force and the efforts of local law enforcement.
“As the heroin and opioid crisis devastates families, businesses and communities across the state, it is critical that we provide additional resources to those combating this horrible epidemic on the front lines,” Governor Hassan said. “By providing an additional $5 million for prevention, treatment and recovery programs and supportive housing, Senate Bill 533 will help providers across the state assist thousands of Granite Staters, while the technology upgrades made possible by Senate Bill 522 will help more prescribers access our prescription drug monitoring program in a timely fashion as part of our efforts to prevent doctor shopping and the overprescribing of addictive prescription opioids.”
“These bipartisan bills provide significant additional resources, which are critical to our comprehensive approach to support law enforcement and strengthen prevention, treatment and recovery programs across the state. While I am proud to sign these bills into law today as another important bipartisan step forward, we must remain constant and focused in our efforts and continue working together every day to stem and reverse the tide of this terrible epidemic,” Governor Hassan said.
Governor Hassan never gives SB522 a press release of its own and never mentions the criminal asset forfeiture aspect of what she signed in the presser for 533/522. This quote is as close as she gets.
Senate Bill 522 provides $130,000 for technology upgrades to the PDMP that will help more prescribers use it in a timely fashion, and it maintains the State’s drug forfeiture fund to support the Attorney General’s Drug Task Force and the efforts of local law enforcement.
Emphasis mine.
Civil asset forfeiture is dead in New Hampshire. Convictions are now required. It is a huge step forward for liberty and property rights. But the Governor can’t bring herself to say it which suggests, rightly if you ask me, that it means nothing to her.
Note: Updated the title – this is really civil asset forfeiture reform as well as criminal, so I updated the title. The embedded title will continue to read “Criminal.” I cannot change that without corrupting any links already out there in the interwebs.
