Bill > H1953

This bill modifies existing Massachusetts law regarding civil asset forfeiture, which is a legal process that allows law enforcement to seize property connected to criminal activity. The bill introduces several key changes: First, it establishes that assets seized through drug-related forfeitures valued at $250 or less cannot be seized by the government, providing protection for individuals with minimal amounts of property involved in drug cases. Second, the bill shifts the burden of proof in forfeiture proceedings, requiring the Commonwealth to prove by "clear and convincing evidence" that property is subject to forfeiture, and ensures that criminal defendants represented by public counsel will continue to have legal representation during forfeiture hearings. Third, the bill mandates that proceeds from asset forfeitures be split equally between a Substance Abuse Prevention and Treatment Fund and a fund to assist communities economically impacted by the opioid epidemic or affected by criminal justice policies. Additionally, the legislation requires annual public reporting by attorneys general, district attorneys, and police departments detailing all seized assets and expenditures from the substance abuse fund, thereby increasing transparency in the asset forfeiture process and how seized funds are used.

Justice

https://malegislature.gov/Bills/194/H1953