N.J. Stat. tit. 2C, ch. 64

in effect

N.J. Stat. § 2C:64-1 Property subject to forfeiture.

2C:64-1. Property Subject to Forfeiture. a. Any interest in the following shall be subject to forfeiture and no property right shall exist in them: (1) Controlled dangerous substances; firearms which are unlawfully possessed, carried, acquired or used; illegally possessed gambling devices; untaxed or otherwise contraband cigarettes or tobacco products; unlawfully possessed container e-liquid; untaxed special fuel; unlawful sound recordings and audiovisual works; and items bearing a counterfeit mark. These shall be designated prima facie contraband. (2) All property which has been, or is intended to be, utilized in furtherance of an unlawful activity, including, but not limited to, conveyances intended to facilitate the perpetration of illegal acts, or buildings or premises maintained for the purpose of committing offenses against the State. (3) Property which has become or is intended to become an integral part of illegal activity, including, but not limited to, money which is earmarked for use as financing for an illegal gambling enterprise. (4) Proceeds of illegal activities, including, but not limited to, property or money obtained as a result of the sale of prima facie contraband as defined by subsection a. (1), proceeds of illegal gambling, prostitution, bribery and extortion. (5) An all-terrain vehicle or dirt bike which has been operated on a public street, highway, or right-of-way in violation of section 17 of P.L.1973, c.307 (C.39:3C-17) in a municipality that has passed an ordinance declaring that such all-terrain vehicles or dirt bikes so operated pose an immediate threat to the public health, safety, or welfare and designating such vehicles as contraband as authorized by subsection e. of section 1 of P.L.2019, c.505 (C.39:3C-35). b. Any article subject to forfeiture under this chapter may be seized by the State or any law enforcement officer as evidence pending a criminal prosecution pursuant to N.J.S.2C:64-4 or, when no criminal proceeding is instituted, upon process issued by any court of competent jurisdiction over the property, except that seizure without such process may be made when not inconsistent with the Constitution of this State or the United States, and when (1) The article is prima facie contraband; or (2) The property subject to seizure poses an immediate threat to the public health, safety or welfare. c. For the purposes of this section: "Items bearing a counterfeit mark" means items bearing a counterfeit mark as defined in section 1 of P.L.1997, c.57 (C.2C:21-32). "Unlawful sound recordings and audiovisual works" means sound recordings and audiovisual works as those terms are defined in section 1 of P.L.1991, c.125 (C.2C:21-21) which were produced in violation of section 1 of P.L.1991, c.125 (C.2C:21-21). "Unlawfully possessed container e-liquid" means container e-liquid as defined in section 2 of P.L.1990, c.39 (C.54:40B-2) that is possessed for retail sale by a person that is not licensed as a vapor business pursuant to section 4 of P.L.2019, c.147 (C.54:40B-3.3). "Untaxed special fuel" means diesel fuel, No. 2 fuel oil and kerosene on which the motor fuel tax imposed pursuant to R.S.54:39-1 et seq. is not paid that is delivered, possessed, sold or transferred in this State in a manner not authorized pursuant to R.S.54:39-1 et seq. or P.L.1938, c.163 (C.56:6-1 et seq.). amended 1979, c.344, s.1; 1981, c.290, s.46; 1992, c.23, s.70; 2004, c.150, s.3; 2011, c.80, s.4; 2019, c.147, s.10; 2021, c.353, s.2.

N.J. Stat. § 2C:64-2 Forfeiture procedures; prima facie contraband

Forfeiture Procedures; Prima Facie Contraband. Except as provided in N.J.S. 2C:35-21, prima facie contraband shall be retained by the State until entry of judgment or dismissal of the criminal proceeding, if any, arising out of the seizure. Thereafter, prima facie contraband shall be forfeited to the entity funding the prosecuting agency involved, subject to the rights of owners and others holding interests pursuant to section 2C:64-5. L.1978, c.95; amended by L. 1979, c. 344, s. 2; 1981, c. 290, s. 47; 1987, c. 106, s. 17.

N.J. Stat. § 2C:64-3 Forfeiture procedures.

2C:64-3. Forfeiture procedures. a. Whenever any property other than prima facie contraband is subject to forfeiture under this chapter, the forfeiture may be enforced by a civil action, instituted within 90 days of the seizure and commenced by the State and against the property sought to be forfeited. b. The complaint shall be verified on oath or affirmation. It shall describe with reasonable particularity the property that is the subject matter of the action and shall contain allegations setting forth the reason or reasons the article sought to be or which has been seized is contraband. c. Notice of the action shall be given to any person known to have a property interest in the article. In addition, the notice requirements of the Rules of Court for an in rem action shall be followed. d. The claimant of the property that is the subject of an action under this chapter shall file and serve the claim in the form of an answer in accordance with the Rules of Court. The answer shall be verified on oath or affirmation, and shall state the interest in the property by virtue of which the claimant demands its restitution and the right to defend the action. If the claim is made in behalf of the person entitled to possession by an agent, bailee, or attorney, it shall state that the claimant is duly authorized to make the claim. e. If no answer is filed and served within the applicable time, the property seized shall be disposed of pursuant to N.J.S.2C:64-6. f. If an answer is filed, the Superior court shall set the matter down for a summary hearing as soon as practicable. Upon application of the State or claimant, if the claimant is a defendant in a criminal proceeding arising out of the seizure, the Superior court may stay proceedings in the forfeiture action until the criminal proceedings have been concluded by an entry of final judgment. g. Any person with a property interest in the seized property, other than a defendant who is being prosecuted in connection with the seizure of property may secure its release pending the forfeiture action unless the article is dangerous to the public health, safety, and welfare or the State can demonstrate that the property will probably be lost or destroyed if released or employed in subsequent criminal activity. Any person with a property interest other than a defendant who is being prosecuted, prior to the release of that property shall post a bond with the court in the amount of the market value of the seized item. h. The prosecuting agency with approval of the entity funding the agency, or any other entity, with the approval of the prosecuting agency, where the other entity's law enforcement agency participated in the surveillance, investigation or arrest which is the subject of the forfeiture action, may apply to the Superior Court for an order permitting use of seized property, pending the disposition of the forfeiture action provided, however, that the property shall be used solely for law enforcement purposes. Approval shall be liberally granted but shall be conditioned upon the filing of a bond in an amount equal to the market value of the item seized or a written guarantee of payment for property which may be subject to return, replacement or compensation as to reasonable value in the event that the forfeiture is refused or only partial extinguishment of property rights is ordered by the court. i. If the property is of the nature that substantial difficulty may result in preserving its value during the pendency of the forfeiture action, the Superior court may appoint a trustee to protect the interests of all parties involved in the action. j. Evidence of a conviction of a criminal offense in which seized property was either used or provided an integral part of the State's proofs in the prosecution shall be considered in the forfeiture proceeding as creating a rebuttable presumption that the property was utilized in furtherance of an unlawful activity. k. Seized property other than prima facie contraband shall not be subject to forfeiture pursuant to the provisions of this chapter if there are no criminal charges arising out of or related to the property seizure or a criminal prosecution arising out of or related to the property seizure terminates with no criminal culpability unless: (1) there is no known owner of the seized property and no person credibly asserts an ownership interest in the seized property; or (2) the State establishes by a preponderance of the evidence, in the case of seized property in the form of cash, negotiable instruments, or other cash equivalents, that the property has a value of greater than $1,000, or in the case of seized property other than cash, negotiable instruments, or other cash equivalent, that the property has a value of greater than $10,000. l. For the purposes of this section, a criminal prosecution arising out of or related to the property seizure terminates with no criminal culpability if, with respect to all criminal charges involving the seized property, the prosecution resulted in: (1) an acquittal; (2) a dismissal with prejudice, excluding a dismissal with prejudice in which the defendant was admitted into a program of supervisory treatment pursuant to the provisions of N.J.S.2C:43-12 through N.J.S.2C:43-22 or any other law or functionally equivalent program of another state or the United States pursuant to which an offense was dismissed or a felony conviction avoided or eliminated from the record when the defendant successfully completed the program; or (3) a finding of not guilty by reason of insanity. amended 1979, c.344, s.3; 1981, c.290, s.48; 1989, c.279; 2019, c.371, s.1.

N.J. Stat. § 2C:64-4 Seized property; evidentiary use.

a. Nothing in this chapter shall impair the right of the State to retain evidence pending a criminal prosecution. b. The fact that a prosecution involving seized property other than prima facie contraband terminates with no criminal culpability shall preclude forfeiture proceedings against the property pursuant to this chapter if the State fails to establish by a preponderance of evidence that the seized property has a value of more than $1,000 in the case of property in the form of cash, negotiable instruments, or other cash equivalents or more than $10,000 in the case of property other than cash, negotiable instruments, or other cash equivalent; otherwise, the fact that a prosecution involving seized property other than prima facie contraband terminates with no criminal culpability shall not preclude forfeiture proceedings against the property pursuant to this chapter. c. For the purposes of this section, a criminal prosecution arising out of or related to the property seizure terminates with no criminal culpability if, with respect to all criminal charges involving the seized property, the prosecution resulted in: (1) an acquittal; (2) a dismissal with prejudice, excluding a dismissal with prejudice in which the defendant was admitted into a program of supervisory treatment pursuant to the provisions of N.J.S.2C:43-12 through N.J.S.2C:43-22 or any other law or functionally equivalent program of another state or the United States pursuant to which an offense was dismissed or a felony conviction avoided or eliminated from the record when the defendant successfully completed the program; or (3) a finding of not guilty by reason of insanity. amended 1979, c.344, s.4; 1981, c.290, s.49; 2019, c.371, s.2.

N.J. Stat. § 2C:64-5 Seized property; rights of owners and others holding interests.

Seized Property; Rights of Owners and Others Holding Interests. a. Forfeiture pursuant to this chapter shall not affect the rights of any lessor in the ordinary course of business or any person holding a perfected security interest in property subject to seizure unless it shall appear that the person had knowledge of or consented to any act or omission upon which the right of forfeiture is based. These rights are only to the extent of interest in the seized property and at the option of the entity funding the prosecuting agency involved may be extinguished by appropriate payment. b. Property seized under this chapter shall not be subject to forfeiture if: (1) the prosecutor fails to establish by a preponderance of the evidence that the owner of the property was involved in or aware of the unlawful activity: or (2) the prosecutor establishes by a preponderance of the evidence that the owner of the property was involved in or aware of the unlawful activity, but the owner establishes by a preponderance of the evidence that the owner had done all that could reasonably be expected to prevent the proscribed use of the property by an agent. A person who uses or possesses property with the consent or knowledge of the owner is deemed to be the agent of the owner for purposes of this chapter. c. Property seized under this chapter shall not be subject to forfeiture if the property is seized while entrusted to a person by the owner or the agent of the owner when the property has been entrusted to the person for repairs, restoration or other services to be performed on the property, and that person, without the owner's knowledge or consent, uses the property for unlawful purposes. amended 1979, c.344, s.5; 1981, c.290, s.50; 1986, c.79; 2019, c.371, s.3.

N.J. Stat. § 2C:64-6 Disposal of forfeited property

2C:64-6. Disposal of Forfeited Property. a. Property which has been forfeited shall be destroyed if it can serve no lawful purpose or it presents a danger to the public health, safety or welfare. An all-terrain vehicle or dirt bike operated in violation of section 17 of P.L.1973, c.307 (C.39:3C-17) which has been forfeited may be destroyed, at the discretion of the entity funding the prosecuting agency involved. All other forfeited property or any proceeds resulting from the forfeiture and all money seized pursuant to this chapter shall become the property of the entity funding the prosecuting agency involved and shall be disposed of, distributed, appropriated and used in accordance with the provisions of this chapter. The prosecutor or the Attorney General, whichever is prosecuting the case, shall divide the forfeited property, any proceeds resulting from the forfeiture or any money seized pursuant to this chapter with any other entity where the other entity's law enforcement agency participated in the surveillance, investigation, arrest or prosecution resulting in the forfeiture, in proportion to the other entity's contribution to the surveillance, investigation, arrest or prosecution resulting in the forfeiture, as determined in the discretion of the prosecutor or the Attorney General, whichever is prosecuting the case. Notwithstanding any other provision of law, such forfeited property and proceeds shall be used solely for law enforcement purposes, and shall be designated for the exclusive use of the law enforcement agency which contributed to the surveillance, investigation, arrest or prosecution resulting in the forfeiture. The Attorney General is authorized to promulgate rules and regulations to implement and enforce the provisions of this act. b. For a period of two years from the date of enactment of P.L.1993, c.227 (C.26:4-100.13 et al.), 10 percent of the proceeds obtained by the Attorney General under the provisions of subsection a. of this section shall be deposited into the Hepatitis Inoculation Fund established pursuant to section 2 of P.L.1993, c.227 (C.26:4-100.13). c. Beginning two years from the date of enactment of P.L.1993, c.227 (C.26:4-100.13 et al.) and in subsequent years, five percent of the proceeds obtained by the Attorney General under the provisions of subsection a. of this section shall be deposited into the Hepatitis Inoculation Fund established pursuant to section 2 of P.L.1993, c.227 (C.26:4-100.13). d. For the purposes of this section, "law enforcement purpose" means a purpose which is calculated to enhance a law enforcement agency's ability to conduct criminal investigations, surveillance, arrests and prosecutions and to respond more fully to the effects of crime beyond any amounts allocated by the law enforcement agency's annual budget. A law enforcement purpose shall include expenditures to: defray the costs of protracted or complex investigations; educate the public in crime prevention techniques; promote community outreach; provide diversity training for law enforcement officers; establish and implement minority selection and recruitment programs; provide additional technical assistance or expertise, which may include the purchase of surveillance and undercover transportation and investigation equipment, and computer hardware and software to enhance the coordination and sharing of information among the law enforcement agencies of a county and the State; provide matching funds to obtain federal law enforcement enhancement grants; or for such other purposes as the Attorney General may from time to time authorize. L.1978, c.95; amended 1979,c.344,s.6; 1985,c.110,s.1; 1986,c.135,s.1; 1993,c.227,s.1; 2021, c.353, s.3; 2023, c.228.

N.J. Stat. § 2C:64-7 Vesting of title in forfeited property

Vesting of Title in Forfeited Property. Title to property forfeited under this chapter shall vest in the entity funding the prosecuting agency involved at the time the item was utilized illegally, or, in the case of proceeds, when received. If another entity's law enforcement agency has participated in the surveillance, investigation, arrest or prosecution resulting in the forfeiture, then the prosecutor or the Attorney General, whichever is prosecuting the case, shall vest title to forfeited property, including motor vehicles, by dividing the forfeited property with the other entity in proportion to the other entity's contribution to the surveillance, investigation, arrest or prosecution resulting in the forfeiture, as determined in the discretion of the prosecutor or the Attorney General. If the property, including motor vehicles, cannot be divided as required by this section, then the prosecutor or the Attorney General, whichever is prosecuting the case, shall sell the property, including motor vehicles, and the proceeds of the sale shall be divided with the other entity in proportion to the other entity's contribution to the surveillance, investigation, arrest or prosecution resulting in the forfeiture, as determined in the discretion of the prosecutor or the Attorney General. L. 1978, c. 95, s. 2C:64-7, eff. Sept. 1, 1979. Amended by L. 1979, c. 344, s. 7, eff. Jan. 23, 1980; L. 1985, c. 110, s. 2, eff. April 9, 1985; L. 1986, c. 135, s. 2, eff. Dec. 1, 1986.

N.J. Stat. § 2C:64-8 Seized property; statute of limitations on claims

Any person who could not with due diligence have discovered that property which he owns was seized as contraband may file a claim for its return or the value thereof at the time of seizure within 3 years of the seizure if he can demonstrate that he did not consent to, and had no knowledge of its unlawful use. If the property has been sold, the claimant receives a claim against proceeds. L.1978, c. 95, s. 2C:64-8, eff. Sept. 1, 1979. Amended by L.1979, c. 344, s. 8, eff. Jan. 23, 1980.

N.J. Stat. § 2C:64-9 Forfeited weapons with military value; donation to National Guard Militia Museum

Any weapon with present or historical military value that has been forfeited pursuant to the provisions of chapter 64 of Title 2C of the New Jersey Statutes may be donated to the National Guard Militia Museum of New Jersey at Sea Girt by the law enforcement agency retaining it. L.1981, c. 112, s. 1, eff. April 2, 1981.

N.J. Stat. § 2C:64-10 "Quarter" defined.

1. For the purposes of P.L.2019, c.304 (C.2C:64-10 et seq.), "quarter" means a calendar year quarter as follows: January 1 through March 31; April 1 through June 30; July 1 through September 30; and October 1 through December 31. L.2019, c.304, s.1.

N.J. Stat. § 2C:64-11 Report to Attorney General.

2. a. A county prosecutor shall compile and submit to the Attorney General a quarterly report on the first day of the month following the end of each quarter containing information pertaining to each seizure and forfeiture of funds or property by a law enforcement agency within the county pursuant to N.J.S.2C:64-1 et seq., N.J.S.2C:41-1 et seq., or P.L.1994, c.121 (C.2C:21-23 et seq.). The quarterly report shall include: (1) specific information on each seizure of property, including, but not limited to: (a) the law enforcement agency that seized the property; (b) a description of the seized property; (c) the date of seizure; (d) the exact location of the seizure; (e) whether the seizure was during a traffic stop on an interstate or State highway, and if so, the direction of traffic flow; (f) the amount of funds or estimated value of the seized property; and (g) the alleged criminal offense associated with the seizure and whether the offense is pursuant to federal or State law; (2) the disposition of any criminal action related to the seizure, including whether the defendant was charged with an offense, if charges were dismissed, and if the defendant was acquitted, entered into a plea agreement, or was convicted. (3) information on forfeiture of the seized property, including: (a) whether the forfeiture involved prima facie contraband or was enforced by civil action pursuant to N.J.S.2C:64-1 et seq., the forfeiture was a result of racketeering activity pursuant to N.J.S.2C:41-1 et seq., the forfeited funds or property were obtained from an action involving financial facilitation of a crime pursuant to P.L.1994, c.121 (C.2C:21-23 et seq.), or other crime; whether the offense is in violation of federal or State law; the criminal case number; and the court in which the case was filed; and (b) whether a person with a property interest in the seized property was represented by counsel at the forfeiture proceeding, if applicable; (4) information on the final disposition of the seized property, including whether the property was returned to the owner, destroyed, or sold or retained after forfeiture, and the date of disposition; (5) information on the estimated value of the forfeited property, including the gross amount received from the forfeiture, the total expenses deducted as part of the forfeiture action, and the net amount received from the forfeiture; (6) whether the forfeiture resulted from an adoptive seizure by a federal agency or by a joint task force comprised of municipal, State, and federal law enforcement officers; (7) if a defendant, owner, joint owner, or third party owner filed a claim or counterclaim; (8) whether the final forfeiture proceeding was criminal, civil-judicial, or civil-administrative; (9) whether there was a forfeiture settlement agreement; (10) the date of the forfeiture order; (11) the purpose for which any property retained by a law enforcement agency is used; and (12) any other information required by the Attorney General. b. A county prosecutor shall include in the quarterly report information concerning any forfeiture funds or property received by a law enforcement agency within the county as a result of its own actions, an adoption by a federal agency, or a joint task force comprised of municipal, State, and federal law enforcement officers, including the amount of forfeited funds or the estimated value of forfeited property received by the agency. c. A county prosecutor shall compile and submit to the Attorney General on a quarterly basis a report on the use of forfeited funds and property including: (1) the total amount of funds expended, which resulted from property seized, forfeited, and reported; and (2) the total value of seized and forfeited property held by the law enforcement agency at the end of the reporting period. d. If a law enforcement agency did not seize any property during the preceding year, the agency shall file a report specifying that it did not engage in a seizure or forfeiture during the reporting period. e. A county prosecutor may use proceeds from forfeiture funds to pay the cost of compiling and reporting seizure and forfeiture information required pursuant to this section. f. Nothing in this section shall be deemed to require the county prosecutor to disclose any information that could reasonably jeopardize the safety of any person or any criminal investigation in progress. This exception shall be narrowly construed to prevent disclosure only of information that would be harmful to a bona fide law enforcement purpose or the public safety. L.2019, c.304, s.2.

N.J. Stat. § 2C:64-12 Responsibilities of Attorney General.

3. The Attorney General shall: a. develop an asset forfeiture reporting form to be completed by a county prosecutor to implement the provisions of section 1 of P.L.2019, c.304 (C.2C:64-10); b. establish and maintain a case tracking system and searchable database on a website accessible to the public that includes the information pursuant to section 1 of P.L.2019, c.304 (C.2C:64-10); and c. annually submit a summary report to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) and make the summary report available to the public on the website established pursuant to subsection b. of this section. L.2019, c.304, s.3.

N.J. Stat. § 2C:64-13 Notification to enforcement agency.

4. The Attorney General shall electronically notify any law enforcement agency which has not submitted to the county prosecutor information pertaining to each seizure and forfeiture of funds or property pursuant to section 2 of P.L.2019, c.304 (C.2C:64-11) by the 15th day following the day the county prosecutor submits the quarterly report to the Attorney General. The agency shall have 15 days from notification within which to submit the information. A law enforcement agency that does not comply within 15 days shall automatically disgorge the property that has been seized or forfeited and any proceeds resulting from forfeited property obtained by the agency during the quarter of noncompliance and return the property or proceeds to the original owner. L.2019, c.304, s.4.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026