MA
Massachusetts House Bill H1762

Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1762

Introduced
2/16/23  

Caption

Relative to civil asset forfeiture transparency and data reporting

Impact

If enacted, H1762 would notably amend current chapters of the Massachusetts General Laws, specifically Chapter 90 and Chapter 94C, to include provisions for accountability and enhanced reporting on civil asset forfeitures. This legislation would mean a shift toward greater oversight regarding how forfeited property is handled and the financial gains derived from such actions. By requiring systematic reporting, the law is anticipated to reduce the potential for abuse within law enforcement agencies concerning asset forfeiture practices.

Summary

House Bill H1762 aims to enhance transparency in civil asset forfeiture practices in the Commonwealth of Massachusetts. The bill mandates that the Attorney General, district attorneys, and police departments submit annual reports detailing all assets seized through forfeiture. These reports will provide an itemized accounting of each seizure and forfeiture and must be made public by January 31st of each year. This law intends to create a comprehensive database of forfeiture actions, aimed at educating the public on how asset forfeitures are conducted and the outcomes associated with them.

Contention

The bill may face opposition from those who argue it could hinder law enforcement's ability to efficiently operate and manage asset seizures effectively. Critics may suggest that increased bureaucracy and the necessity for detailed reporting could delay or complicate necessary law enforcement actions. On the other hand, supporters argue that the bill is a vital step toward ensuring accountability and protecting citizens from potential injustices that may arise from civil asset forfeiture programs.

Notable_points

One key feature of H1762 is the establishment of a public website where citizens can view detailed information regarding seized properties, including the nature of the crime associated with the property and the status of any related legal proceedings. This initiative is designed to improve public access to critical information and promote transparency surrounding asset forfeiture, which has historically been a controversial practice.

Latest H1762 Activity

Companion Bills

MA H1577

Similar To Relative to civil asset forfeiture improvements

MA H2993

Similar To Relative to civil asset forfeiture data reporting

MA H1615

Similar To Establishing a right to counsel in civil asset forfeiture cases

MA S2758

Replaced by Relative to forfeiture reform

Similar Bills

HI SB149

Relating To Property Forfeiture.

KS SB237

Requiring a criminal conviction for civil asset forfeiture and proof beyond a reasonable doubt that property is subject to forfeiture, remitting proceeds to the state general fund and requiring law enforcement agencies to make forfeiture reports more frequently.

KS HB2396

Requiring a criminal conviction for civil asset forfeiture and proof beyond a reasonable doubt that property is subject to forfeiture, remitting proceeds to the state general fund and requiring law enforcement agencies to make forfeiture reports more frequently.

KS HB2380

Requiring a criminal conviction for civil asset forfeiture, remitting proceeds from civil asset forfeiture to the state general fund, increasing the burden of proof required to forfeit property, making certain property ineligible for forfeiture, providing persons involved in forfeiture proceedings representation by counsel and the ability to demand a jury trial and allowing a person to request a hearing on whether forfeiture is excessive.

KS SB458

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, providing limitations on state and local law enforcement agency requests for federal adoption of a seizure under the act, requiring probable cause affidavit filing and review to commence forfeiture proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence, authorizing courts to order payment of attorney fees and costs for certain claimants and requiring the Kansas bureau of investigation to submit forfeiture fund financial reports to the legislature.

LA SB359

Provides for civil forfeiture reform. (8/1/22)

KS HB2606

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, requiring courts to make a finding that forfeiture is not excessive, restricting actions prior to commencement of forfeiture proceedings, requiring probable cause affidavit filing and review to commence proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence and authorizing courts to order payment of attorney fees and costs for certain claimants.

HI HB1965

Relating To Property Forfeiture.