The "Clean Cops Act" and HB 1801-FN propose significant reforms to the legal framework surrounding wrongful detention, drug forfeiture, and law enforcement officer certification. The Clean Cops Act introduces a new section under RSA 541-B that shifts the burden of proof to the state in unlawful detention claims, establishes a standardized damages rate of $100 per hour for unlawful detention, and modifies the forfeiture process by changing the petitioning entity from the "attorney general" to the "state." It also removes the presumption of forfeiture for property found near controlled substances, requiring claimants to rebut this presumption. Additionally, the bill sets new certification requirements for law enforcement officers, including psychological screenings and penalties for falsifying reports.

HB 1801-FN further enhances the rights of individuals in property seizure and forfeiture cases by establishing a right to a post-seizure hearing, requiring a felony conviction for civil forfeiture, and mandating that the state file a civil complaint detailing the connection between seized property and alleged crimes. The bill clarifies the rights of innocent owners, ensuring that property belonging to individuals without knowledge of its criminal use cannot be forfeited. It also shifts responsibilities from the Department of Justice to county attorneys and the Department of Safety, necessitating additional legal support and updates to case-processing requirements. Overall, these bills aim to improve accountability and transparency in law enforcement while protecting individual rights in forfeiture proceedings.

Statutes affected:
Introduced: 318-B:17-b, 106-L:6, 641:3
HB1801 text: 318-B:17-b, 106-L:6, 641:3