Bill > H1399

This bill establishes a new chapter in Massachusetts law to allow the Division of Victim Compensation and Assistance (the "Division") to monitor and potentially seize profits derived from criminal activities by incarcerated individuals. It defines key terms such as "contracting party" (anyone paying a defendant for something they know or should know might be "proceeds of the crime"), "conviction" (which includes various legal findings of guilt or responsibility), "crime" (violations of state or federal law punishable by imprisonment), "defendant" (a person charged with, convicted of, or admitting to a crime), "proceeds of the crime" (assets obtained through knowledge or notoriety gained from a crime), and "victim" (anyone harmed by a crime). Under this bill, any contracting party who pays a defendant for something potentially derived from a crime must notify the Division within 30 days and may be required to post a bond equal to the potential proceeds. The Division will investigate these agreements to determine if the payments are "substantially related" to a crime, meaning they primarily stem from knowledge or notoriety gained from the offense, not just tangentially related. If proceeds are identified, the Division can hold the bond to satisfy any future civil judgments by victims. The bill also outlines procedures for notification of victims, the right of victims to bring civil actions, and the Division's investigative powers, including issuing civil investigative demands. It further clarifies that bonds will be returned if a defendant is not convicted or if claims are satisfied, with half the bond returned to the contracting party after all claims are settled or after a set period. Finally, it amends another law to toll (pause) the statute of limitations for victims to sue a criminal defendant during the defendant's incarceration, parole, or probation.