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.