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