Bill > H4279

This bill proposes to amend existing laws related to civil asset forfeiture in Massachusetts. The key provisions are: 1. It adds monies, proceeds, and other funds forfeited under the state's controlled substances law (Chapter 94C, Section 47) to the Commonwealth Substance Abuse Prevention and Treatment Fund. 2. It sets a $250 value threshold, below which moneys, securities, or other things of value related to controlled substance violations cannot be subject to forfeiture. 3. It modifies the burden of proof required for civil asset forfeiture, placing the burden on the government to prove the property is forfeitable by clear and convincing evidence, after which the property owner must prove the property is not subject to forfeiture. 4. It requires the Attorney General, district attorneys, and police departments to annually report on all assets, monies, and proceeds seized through civil asset forfeiture, as well as expenditures from the Substance Abuse Prevention and Treatment Fund. The overall intent is to reform civil asset forfeiture practices in Massachusetts by increasing transparency and imposing more stringent requirements for seizure and forfeiture of property.

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https://malegislature.gov/Bills/192/H4279