Bill > H1851

This bill introduces comprehensive reforms to property forfeiture laws in Massachusetts, establishing detailed guidelines for how law enforcement can seize and potentially keep property connected to criminal activities. The bill defines key terms like "contraband", "instrumentality", and "proceeds", and sets strict conditions for property forfeiture. Notably, the bill requires that property can only be forfeited after a criminal conviction, with some exceptions like defendant death or deportation, and provides significant protections for innocent property owners. The legislation mandates that forfeiture proceedings must be proportional to the offense, prohibits law enforcement from directly keeping seized property, and requires annual detailed reporting to the Attorney General about all seizures. The bill also limits federal agency involvement in forfeitures, ensuring most proceedings are handled through state courts, and exempts certain properties like homesteads and low-value vehicles from seizure. Critically, the law aims to prevent arbitrary seizures by requiring clear evidence, setting high standards for proving a connection between property and criminal activity, and giving property owners robust rights to challenge seizures through court hearings.

Justice

https://malegislature.gov/Bills/194/H1851