Bill > SB202

This bill makes several changes to New Mexico's Forfeiture Act. The key provisions are: - Expands the applicability of the Forfeiture Act to all seizures and forfeitures in the state, not just those specifically covered by the Act. - Revises definitions, including adding a new definition for "disclaimed property" - property that is subject to forfeiture but where the owner has disclaimed ownership. - Requires a criminal conviction before property can be forfeited, with some exceptions. - Establishes procedures for seizing property with or without a court order, and for filing forfeiture complaints. - Outlines forfeiture proceedings, including allowing defendants to petition the court on whether the forfeiture was unconstitutionally excessive. - Provides for the disposition of forfeited and disclaimed property, with proceeds going to the general fund after certain expenses are covered. - Revises reporting requirements for law enforcement agencies on seizures and forfeitures. - Limits when law enforcement can transfer seized property to the federal government. - Declares an emergency and states the Act applies to property seized on or after the effective date.

Government Affairs, Justice

https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legtype=B&legno=202&year=17