With regard to seized property in the state courts:
A. seized currency alleged to be subject to forfeiture shall be deposited with the clerk of the district court in an interest-bearing account;
B. seized property other than currency or real property, not required by federal or state law to be destroyed, shall be placed under seal at a place designated by the district court;
C. seized property shall be kept by the custodian in a manner to protect it from theft or damage and, if ordered by the district court, insured against those risks; and
D. unless it is returned to an owner, a law enforcement agency shall dispose of forfeited or abandoned property as provided in Section 31-27-7 NMSA 1978.
History: Laws 2002, ch. 4, § 8; 2015, ch. 152, § 10; 2019, ch. 133, § 9.
ANNOTATIONSThe 2019 amendment, effective April 2, 2019, revised the procedures related to storage, transfer and destruction of seized property; in the section heading, after "disposition", deleted "selling or retaining seized property prohibited"; after the section heading, added "With regard to seized property in the state courts:"; in Subsection B, deleted paragraph designations "(1)" and "(2)", after "placed under seal", deleted "and removed to" and added "at", and deleted Paragraph B(3); and in Subsection D, after the subsection designation, added "unless it is returned to an owner", after "law enforcement agency shall", deleted "not return" and added "dispose of", and after "abandoned property", added "as provided in Section 31-27-7 NMSA 1978".
Applicability. — Laws 2019, ch. 133, § 13 provided that the provisions of the Forfeiture Act apply to seized and abandoned property in the possession of a law enforcement agency or the state treasurer on and after April 2, 2019.
Temporary provisions. — Laws 2019, ch. 133, § 11 provided that the New Mexico supreme court shall issue procedural court rules to implement the provisions of this act.
Laws 2019, ch. 133, § 12 provided that abandoned property in the possession of a law enforcement agency or the state treasurer on April 2, 2019 shall be disposed of pursuant to Section 29-1-14 NMSA 1978.
The 2015 amendment, effective July 1, 2015, prohibited a law enforcement agency from retaining forfeited or abandoned property; in the catchline, added "selling or retaining seized property prohibited"; in Subsection C, added "Seized"; and added Subsection D.