New Jersey Section 2C:66-11 – Construction of act

Understanding New Jersey Section 2C:66-11 – Construction of Act

New Jersey Section 2C:66-11 is part of the state’s “Freezing Funds and Assets Related to Terrorism” legislation, which allows law enforcement to seize assets connected to terrorism. This section specifically states that nothing in the act should be construed to impact the status, force or effect of the Victims of Crime Compensation Board.

Overview of the Freezing Funds Legislation

The Freezing Funds legislation, passed in 2003, gives law enforcement powerful tools to freeze assets linked to terrorism. Key provisions include:

• Allowing the Attorney General to apply for a court order to seize assets connected to terrorism (Section 2C:66-1). The standard is “reasonable suspicion” rather than the higher criminal standard of “beyond a reasonable doubt.”
• Requiring financial institutions to immediately freeze suspected terror-linked assets upon receiving notice from the Attorney General, with penalties for non-compliance (Section 2C:66-2).
• Establishing procedures for those whose assets are frozen to contest the seizure (Section 2C:66-3). The burden is on the account holder to prove the funds are not linked to terrorism.
• Allowing frozen funds to be distributed to victims of terrorism or used in the investigation and prosecution of terrorism (Section 2C:66-6).

So in summary, this legislation gives law enforcement significant power to disrupt terrorism financing, while including some due process protections for those whose assets are seized.

Implications and Analysis

By including Section 2C:66-11, the New Jersey legislature wanted to make it unambiguously clear that victims of terrorism would retain full access to compensation through the VCCB.

This section reinforces that a core purpose of the Freezing Funds provisions is to disrupt the financing of terrorism. It is not aimed at limiting resources available to victims.

Without Section 2C:66-11, questions could arise on whether freezing assets under the act would prevent those assets from being used for victim compensation through the VCCB. So the section puts those questions to rest.

The inclusion of Section 2C:66-11 also shows the care taken by legislators to consider how the Freezing Funds provisions would interact with other aspects of New Jersey law. By explicitly stating that the VCCB remains unaffected, unintended consequences are avoided.

Overall, Section 2C:66-11 serves an important clarifying role. While brief, it eliminates possible uncertainty at the intersection of counterterrorism asset seizure and victim compensation statutes.

I hope this overview has helped explain the purpose and implications of New Jersey Section 2C:66-11 – Construction of act. Let me know if you have any other questions!