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Bill > H1329


MA H1329

MA H1329
Regarding asset forfeiture


summary

Introduced
01/22/2019
In Committee
01/22/2019
Crossed Over
Passed
Dead
12/31/2020

Introduced Session

191st General Court

Bill Summary

Relative to the asset forfeiture of child pornography. The Judiciary.

AI Summary

This bill amends Chapter 272 of the General Laws to establish provisions for the forfeiture of assets related to child pornography and the enticement of children. The key provisions of the bill include: 1. Defining the types of property that are subject to forfeiture, such as materials and equipment used in disseminating child pornography, conveyances used to facilitate these crimes, and any proceeds or property derived from these illegal activities. 2. Outlining the process for the Attorney General or District Attorney to petition the court for forfeiture of the property, with the burden of proof on the Commonwealth to establish probable cause and on the claimant to prove the property is not forfeitable. 3. Specifying how the proceeds from the sale of forfeited property will be distributed, with 50% going to the prosecuting agency and 50% to the law enforcement agency involved in the seizure, to be used for law enforcement purposes. 4. Providing exceptions to forfeiture, such as protections for common carriers and property owners who did not know the property was being used for illegal purposes. 5. Establishing procedures for the handling and disposal of forfeited property, as well as record-keeping requirements for agencies involved in the process.

Committee Categories

Justice

Sponsors (24)

Last Action

Accompanied a study order, see H5081 (on 11/12/2020)

bill text


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