Bill > S1049

This bill reforms asset forfeiture procedures in Massachusetts by making several key changes to Chapter 94C of the General Laws. The bill modifies the process for how law enforcement can seize and forfeit property related to drug offenses, requiring that the Commonwealth prove by a preponderance of evidence that property is forfeitable, and shifting the burden of proof for certain exceptions to the property owner. It ensures that criminal defendants represented by public counsel in drug-related cases can continue to receive legal representation during forfeiture hearings, and also provides public counsel for property owners who meet indigency requirements. The bill mandates that proceeds from forfeited property sales must be deposited in the general fund, removing previous provisions that allowed law enforcement agencies to retain portions of these proceeds. Additionally, the legislation requires annual public reporting by the Attorney General, district attorneys, and police departments, detailing all seized assets, including specifics about cash, personal property, vehicles, and real estate. By implementing these reforms, the bill aims to increase transparency and fairness in asset forfeiture proceedings while ensuring proper accountability for seized property.

Justice

https://malegislature.gov/Bills/194/S1049