Bill > S2197

This bill proposes several changes to the laws governing asset forfeiture in Massachusetts. Key provisions include: 1. Defining important terms related to asset forfeiture, such as "abandoned property," "contraband," "instrumentality," and "law subject to forfeiture." 2. Establishing the requirements for a court to order the forfeiture of proceeds, property traceable to proceeds, and instrumentalities used in the commission of a crime, including the requirement of a criminal conviction with some exceptions. 3. Providing protections for certain property, such as homesteads, low-value vehicles, and small amounts of currency, from forfeiture. 4. Outlining the process for seizing and forfeiting property, including the right to a pretrial hearing and a determination of whether the forfeiture is unconstitutionally excessive. 5. Addressing the handling and disposition of forfeited and abandoned property, including the requirement for law enforcement agencies to report annually on seizures and forfeitures. 6. Limiting the ability of law enforcement agencies to directly transfer seized property to federal agencies for forfeiture proceedings, with some exceptions. Overall, the bill aims to reform the asset forfeiture system in Massachusetts by introducing new safeguards and requirements while still allowing for the forfeiture of property connected to certain criminal activities.

https://malegislature.gov/Bills/190/S2197