Bill > S899

This bill seeks to reform the criminal forfeiture process in Massachusetts. Key provisions include: - Limiting forfeiture to cases where the offense is a felony and forfeiture is explicitly stated as a punishment. Certain property, such as a homestead, low-value vehicle, or $200 or less in currency, is exempt from forfeiture. - Requiring a criminal conviction as the basis for forfeiture, with some exceptions (e.g., if the defendant died or was deported). The burden of proof is on the state to show by clear and convincing evidence that the property is subject to forfeiture. - Providing procedural protections, such as the right to a pretrial hearing to challenge the seizure, and allowing defendants or third-party claimants to petition the court to determine if the forfeiture is unconstitutionally excessive. - Establishing safeguards for innocent owners, bona fide security interests, and common carriers to prevent the forfeiture of their property. - Requiring law enforcement agencies to report annually on their seizures and forfeitures to the Attorney General, who will develop a uniform reporting protocol. The overall goal of the bill is to reform the forfeiture process to enhance due process protections and ensure forfeiture is not used excessively or abusively.

Justice

https://malegislature.gov/Bills/191/S899