Bill > H3114

This bill seeks to reform criminal asset forfeiture laws in Massachusetts. The key provisions are: 1. It establishes a new chapter (Chapter 280A) that sets the exclusive process for asset forfeitures in the Commonwealth, requiring a criminal conviction and clear and convincing evidence that the property is forfeitable. 2. It prohibits civil asset forfeiture and limits the property subject to forfeiture to certain types of assets directly related to the criminal offense. 3. It provides protections for innocent owners and third-party interests, allowing them to petition the court to exempt their property from forfeiture. 4. It requires detailed reporting by law enforcement and prosecutors on forfeiture activity, and prohibits the direct transfer of forfeited assets to federal authorities except in limited circumstances. 5. It allows courts to determine if a forfeiture is unconstitutionally excessive and to order the return of property to owners who prevail in the forfeiture proceedings. The overall aim of the bill is to secure property rights and deter criminal activity by reforming the asset forfeiture process to better protect the rights of property owners while still allowing forfeitures in appropriate cases.

Justice

https://malegislature.gov/Bills/190/H3114