Bill > H1774

This bill proposes several improvements to civil asset forfeiture laws related to controlled substances, primarily focusing on increasing protections for individuals and enhancing transparency. The bill raises the standard of proof for asset seizure from "probable cause" to "beyond a reasonable doubt," which makes it more difficult for law enforcement to confiscate property. It establishes a new Special Public Attorney and Drug Rehabilitation Trust Fund, which will exclusively support public defenders representing individuals in asset forfeiture cases and fund drug rehabilitation and prevention programs. The bill mandates that proceeds from asset seizures be deposited into this fund, ensuring that seized assets directly benefit community support services. Additionally, the legislation requires comprehensive annual reporting from attorneys general, district attorneys, and police departments, detailing the total funds collected, distributed, and the specific outcomes of civil asset forfeiture cases. A new provision also requires law enforcement to file a complaint within a specific timeframe for seizures valued at $3,000 or more and mandates a stay on civil forfeiture proceedings until related criminal cases are fully resolved, with a requirement to post a bond that can be payable to claimants if they prevail in the proceedings. These changes aim to provide more judicial oversight, protect property rights, and redirect funds toward community support and rehabilitation efforts.

Justice

https://malegislature.gov/Bills/194/H1774