Bill > H1148

This bill amends Chapter 272 of the General Laws by adding a new section, Section 29D, which outlines property subject to forfeiture to the Commonwealth of Massachusetts. This includes materials, products, and equipment used to disseminate child pornography or to lure, induce, or solicit a child under 16, as well as conveyances like vehicles used to facilitate these violations. It also covers proceeds from such illegal activities, including money, securities, and real estate, and any real property used to commit or facilitate these crimes. The bill specifies that a perfected security interest held by a creditor in a conveyance or real property at the time of a forfeiture action will not be extinguished. Forfeiture proceedings can be initiated by the Attorney General or a District Attorney, and courts will declare property forfeit. However, common carriers are exempt unless the owner was aware of and consented to the illegal use, and conveyances or real property are only forfeitable if the owner knew or should have known of their use in these illegal activities, with repeated use serving as prima facie evidence. The bill also details the process for forfeiture petitions, including notice to owners, hearings, and the burden of proof, and outlines how forfeited proceeds will be distributed equally between the prosecuting office and the law enforcement agency involved in the seizure, with specific provisions for how these funds can be used for law enforcement purposes, investigations, and victim support. Additionally, it mandates record-keeping for forfeited property and allows for preliminary orders to secure property during proceedings, with provisions for homestead exemptions for primary residences.