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2024 New Hampshire Revised Statutes
Title LX - Correction and Punishment
Chapter 617 - Forfeitures of Personal Property
Section 617:1-a - Criminal Forfeiture; Property Subject to Forfeiture.
Universal Citation:
NH Rev Stat § 617:1-a (2024)
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617:1-a Criminal Forfeiture; Property Subject to Forfeiture. –
I. Subsequent to a criminal conviction pursuant to a statute that authorizes forfeiture, including but not limited to RSA 318-B:17-b, the court may order the person convicted to forfeit:
(a) Property the person derived from the commission of the crime;
(b) Property directly traceable to property derived from the commission of the crime; and
(c) Instrumentalities the person used in the commission of the crime.
II. When a conviction or agreement of the parties is not possible due to the person's death, incompetence, unavailability, or not being within the jurisdiction of the court, or the person to be charged cannot be identified, forfeiture proceedings may be commenced.
III. Property may be forfeited if the state establishes that the property is forfeitable by clear and convincing evidence.
IV. Nothing in this section shall prevent property from being forfeited by plea agreement approved by the presiding criminal court or other agreement of the parties.
V. At the request of any party, the civil portion of the forfeiture proceeding may be stayed by the court.
I. Subsequent to a criminal conviction pursuant to a statute that authorizes forfeiture, including but not limited to RSA 318-B:17-b, the court may order the person convicted to forfeit:
(a) Property the person derived from the commission of the crime;
(b) Property directly traceable to property derived from the commission of the crime; and
(c) Instrumentalities the person used in the commission of the crime.
II. When a conviction or agreement of the parties is not possible due to the person's death, incompetence, unavailability, or not being within the jurisdiction of the court, or the person to be charged cannot be identified, forfeiture proceedings may be commenced.
III. Property may be forfeited if the state establishes that the property is forfeitable by clear and convincing evidence.
IV. Nothing in this section shall prevent property from being forfeited by plea agreement approved by the presiding criminal court or other agreement of the parties.
V. At the request of any party, the civil portion of the forfeiture proceeding may be stayed by the court.
Source. 2016, 329:2, eff. Jan. 1, 2017.
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