Bill > S2758

This bill proposes several changes to the civil asset forfeiture laws in Massachusetts. It clarifies the terminology used, modifies the burden of proof requirements, provides public counsel representation for certain property owners, and requires more detailed annual reporting on seized and forfeited property. Specifically, the bill: 1) changes the term "moneys" to "monies" throughout the relevant law; 2) shifts the burden of proof to the government in forfeiture proceedings, requiring them to prove by a preponderance of the evidence that the property is forfeitable; 3) entitles criminal defendants represented by public counsel in related trials to continued public counsel representation in the forfeiture hearing, and allows other property owners who meet indigency requirements to receive public counsel; and 4) mandates annual reporting by the Attorney General, district attorneys, and police departments on all seized and forfeited property, as well as reporting by the Committee on Public Counsel Services on public counsel representation in forfeiture cases.