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Bill > H1642


MA H1642

MA H1642
Relative to forfeiture reform


summary

Introduced
02/16/2023
In Committee
02/16/2023
Crossed Over
Passed
Dead
12/31/2024

Introduced Session

193rd General Court

Bill Summary

Relative to forfeiture reform. The Judiciary.

AI Summary

This bill proposes significant reforms to forfeiture laws in Massachusetts. Key provisions include: - Striking the existing forfeiture laws in chapters 94C and 265 of the General Laws and replacing them with a new comprehensive forfeiture statute in chapter 280. - Defining key terms like "abandoned property," "contraband," "instrumentality," and "proceeds" related to forfeiture. - Establishing criteria for when property can be forfeited, such as requiring a criminal conviction and clear and convincing evidence that the property is forfeitable. - Exempting certain property like homesteads, low-value vehicles, and small amounts of currency from forfeiture. - Providing procedures for seizure, preliminary orders, and the litigation of forfeiture cases. - Allowing challenges to forfeiture on grounds of excessiveness or innocence of ownership. - Requiring detailed annual reporting by law enforcement on forfeitures and restricting the ability of state and local agencies to transfer seized property to federal authorities. - Overall, the bill aims to reform Massachusetts' forfeiture laws to increase due process protections and oversight.

Committee Categories

Justice

Sponsors (1)

Last Action

Accompanied a new draft, see S2758 (on 05/02/2024)

Taxonomy

Law, Crime, and Family Issues
  • ‐ Criminal and Juvenile Delinquent Prosecution, Procedure, and Sentencing
  • ‐ Police, Fire, and Law Enforcement

bill text


bill summary

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bill summary

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bill summary

Document Type Source Location Created
State Bill Page https://malegislature.gov/Bills/193/H1642 03/15/2023
BillText https://malegislature.gov/Bills/193/H1642.pdf 03/15/2023
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