Bill > S965

This bill aims to reform criminal forfeiture laws in Massachusetts. It proposes several key changes: 1. It strikes existing forfeiture provisions in the state's controlled substances and criminal laws, and replaces them with a new comprehensive forfeiture statute in Chapter 280. 2. The new statute sets out clear definitions of key terms like "contraband," "instrumentality," and "proceeds" related to forfeitable property. 3. It establishes a conviction requirement for forfeiture, with some exceptions, and requires the state to prove forfeiture by clear and convincing evidence. 4. The bill provides protections for innocent owners, secured creditors, and common carriers, and allows defendants to challenge forfeitures as unconstitutionally excessive. 5. It requires detailed annual reporting by law enforcement agencies on seized and forfeited property, and prohibits agencies from retaining or directly selling forfeited property. Overall, the bill aims to reform Massachusetts' criminal forfeiture laws by increasing oversight, transparency, and protections for property owners.

Justice

https://malegislature.gov/Bills/192/S965