Bill > S797

This bill proposes to amend Chapter 272 of the General Laws by adding a new section that outlines provisions for asset forfeiture related to certain criminal activities, specifically those involving commercial sexual activity and related offenses. Under this bill, vehicles, money, negotiable instruments, real property, and other assets used to facilitate or exchanged for violations of specific sections of Chapter 265 (related to kidnapping and related offenses) and Chapter 272 (related to sexual offenses and obscenity) can be seized by the Commonwealth. The bill clarifies that a perfected security interest held by a creditor will not be extinguished by forfeiture, and it establishes procedures for forfeiture proceedings, including notice to owners and hearings. Importantly, for conveyances and real property to be forfeited, the owner must have known or should have known of their use in commercial sexual activity. The bill also details how forfeited assets will be distributed, with proceeds generally split between prosecuting district attorneys or the attorney general and law enforcement agencies involved in the seizure, and outlines how these funds can be used for law enforcement purposes, investigations, equipment, and victim services. It also includes provisions for homestead exemptions for owners whose principal domicile is subject to forfeiture and requires proper recording of forfeiture proceedings in land registries to provide notice to third parties.