summary
Introduced
02/10/2022
02/10/2022
In Committee
06/21/2022
06/21/2022
Crossed Over
Passed
Dead
12/31/2022
12/31/2022
Introduced Session
192nd General Court
Bill Summary
For legislation relative to criminal forfeiture; of James Arciero and others relative to asset forfeiture of property; of David Henry Argosky LeBoeuf, David Allen Robertson and Elizabeth A. Malia establishing a right to counsel in civil asset forfeiture cases; of Jay D. Livingstone, Elizabeth A. Malia and Tami L. Gouveia relative to human trafficking forfeiture reform; and (subject to Joint Rule 12) of Carlos González, David M. Rogers and Russell E. Holmes relative to civil asset forfeiture, reports the accompanying bill (Senate, No. 2671).
AI Summary
This bill proposes several changes to the criminal forfeiture laws in Massachusetts. It amends Section 47 of Chapter 94C of the General Laws to:
1) Clarify the burden of proof in forfeiture proceedings, with the Commonwealth having the burden to prove by a preponderance of the evidence that the property is forfeitable, and the property owner having the burden to prove any exceptions. It also provides for public counsel representation for certain criminal defendants and indigent property owners in forfeiture hearings.
2) Remove a provision that allowed the Office of Seized Property Management to receive initial funding from special law enforcement trust funds.
3) Require the Attorney General, district attorneys, and police departments to file annual public reports detailing all assets, monies, and proceeds from assets seized through forfeiture, including an itemized accounting across various asset categories.
The overall goal of the bill appears to be reforming the civil asset forfeiture process in Massachusetts to increase transparency and protect property owners' rights.
Committee Categories
Budget and Finance
Sponsors (6)
Jim Arciero (D),
Cynthia Creem (D),
Adam Hinds (D),
Patrick Kearney (D),
Elizabeth Malia (D),
James Murphy (D),
Other Sponsors (1)
Joint Committee on the Judiciary (J)
Last Action
Amendment (as recommended by the committee on Senate Ways and Means) adopted, as amended (on 07/07/2022)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://malegislature.gov/Bills/192/S2671 |
| Bill | https://malegislature.gov/Bills/192/S2671.pdf |
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