Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1732

Introduced
2/16/23  

Caption

Relative to civil asset forfeiture

Impact

One of the notable impacts of H1732 is the requirement for annual reporting by district attorneys and police departments regarding assets seized under this law. These reports must detail the categories and value of seized properties, ensuring greater transparency in the handling of forfeited assets. Additionally, the bill allocates proceeds from sales of forfeited assets, with 50% directed towards the Commonwealth Substance Abuse Prevention and Treatment Fund, aimed at combating substance abuse, while the other 50% is designated for communities affected by the opioid epidemic.

Summary

House Bill H1732, also known as the Act relative to civil asset forfeiture, seeks to amend existing laws regarding civil asset forfeiture in Massachusetts. The bill introduces a threshold, stipulating that assets or funds less than $250 that are seized in connection with controlled substance violations cannot be forfeited to the Commonwealth. This provision aims to mitigate the adverse effects that asset forfeiture might have on individuals with limited financial means, providing more protections for citizens against unjust seizures.

Contention

The bill has generated discussion regarding the balance between effective law enforcement and the rights of individuals. Supporters argue that it reinforces accountability by preventing the misuse of asset forfeiture laws, which can disproportionately affect economically disadvantaged communities. Critics, however, express concerns that lowering the threshold for seizure could hinder law enforcement efforts against drug-related activities. The debate centers on finding a fair approach that both addresses the complications of civil asset forfeiture and preserves the integrity of law enforcement initiatives.

Companion Bills

MA H18

Similar To Relative to pension forfeiture

MA S2450

Similar To Relative to forfeiture reform

MA S2758

Replaced by Relative to forfeiture reform

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