Bill > H4397

This bill modifies Massachusetts' civil asset forfeiture law by making several key changes to the existing legal framework. First, it updates terminology by replacing the word "moneys" with "monies" and clarifies the process for forfeiture proceedings for property valued over $250. The bill strengthens due process protections by requiring the Commonwealth to prove by a preponderance of evidence that property is forfeitable and ensures that criminal defendants represented by public counsel in related trials continue to receive legal representation during forfeiture hearings. Additionally, property owners who are not criminal defendants but meet indigency requirements can also receive public counsel. The bill mandates that all forfeited monies and proceeds from property sales be deposited into the general fund, eliminating previous provisions for special law enforcement trust funds. Furthermore, the bill requires annual reporting by the attorney general, district attorneys, and police departments detailing all seized or forfeited property, and mandates the committee on public counsel services to submit a report tracking the number and types of cases involving public counsel representation in asset forfeiture proceedings. These changes aim to increase transparency, accountability, and fairness in the civil asset forfeiture process.

Budget and Finance

Joint Committee on the Judiciary (Joint)

https://malegislature.gov/Bills/194/H4397