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HOUSE DOCKET, NO. 3481 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1762
The Commonwealth of Massachusetts
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PRESENTED BY:
Danillo A. Sena and Nicholas A. Boldyga
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to civil asset forfeiture transparency and data reporting.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Danillo A. Sena37th Middlesex1/20/2023 1 of 3
HOUSE DOCKET, NO. 3481 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1762
By Representatives Sena of Acton and Boldyga of Southwick, a petition (accompanied by bill,
House, No. 1762) of Danillo A. Sena relative to civil asset forfeiture transparency and data
reporting. The Judiciary.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to civil asset forfeiture transparency and data reporting.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1: Section 24W of chapter 90 of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended by adding the following subsections:-
3 (g) The attorney general, each district attorney and each police department shall file an
4annual report with the executive office for administration and finance, the senate and house
5committees on ways and means and the joint committee on the judiciary detailing all assets,
6money and proceeds from the sale of assets seized pursuant to this section. The report shall
7provide an itemized accounting for each seizure and forfeiture as required by section 47 of
8chapter 94C. The report shall be filed not later than January 31 for the preceding calendar year
9and shall be a public record.
10 SECTION 2: Section 47 of chapter 94C of the General Laws, as appearing in the 2020
11Official Edition is hereby amended by adding the following 2 subsections:- 2 of 3
12 (m) The executive office of administration and finance shall establish and maintain a case
13tracking system and searchable public website that includes the following information about any
14property seized or forfeited under state law: (i) the name of the law enforcement agency that
15seized the property; (ii) the date of the seizure; (iii) the type and a description of the property
16seized, including the make, model and year of any motor vehicle; (iv) the zip code of location of
17the seizure; (v) the estimated value of the property seized; (vi) whether the property seized was
18transferred to federal government; (vii) the crime charged, if any, related to the property that was
19seized; (viii) the outcome of any charged crime under clause (vii); (ix) the criminal case number,
20if charged; (x) the forfeiture case number; (xi) the type of forfeiture proceeding; (xii) whether a
21property owner who files a claim or counterclaim, if applicable, was suspected of committing a
22crime, an owner who was not suspected of committing a crime, a lienholder or another party or
23whether there was no such filing by any party; (xiii) whether there was a default judgment,
24forfeiture settlement or consent agreement; (xiv) the date of the forfeiture order; (xv) whether the
25property was returned to the owner, partially returned to the owner, sold, destroyed or retained
26by a law enforcement agency or is pending disposition; and (xvi) the total value of property
27forfeited, including currency and proceeds from the sale of property, excluding the value of
28contraband. Nothing in this subsection shall allow for the publication of information in violation
29of any law or regulation relating to criminal offender record information or personally
30identifiable information, or any other applicable privacy law. If an agency has made no seizures
31or forfeitures during the previous year, a null report shall be filed by the agency specifying that it
32did not engage in seizures or forfeitures during the reporting period. The executive office may
33adopt rules necessary to implement this subsection. 3 of 3
34 (n) Annually, not later than January 31, the committee on public counsel services, in
35collaboration with the trial court of the commonwealth, shall submit an annual report to the
36senate and house committees on ways and means and the joint committee on the judiciary on the
37provision of public counsel representation under this section, including, but not limited to, the:
38(i) total number of cases involving public counsel representation under this section; (ii) number
39of such cases where the property owner is a criminal defendant represented by public counsel in
40a related criminal trial; and (iii) number of such cases where the property owner is not a criminal
41defendant.”.
42 SECTION 3. Section 56 of chapter 265 of the General Laws, as so appearing in the 2020
43Official Edition, is hereby amended by adding the following subsections:-
44 (k) The attorney general, each district attorney and each police department shall file an
45annual report with the executive office for administration and finance, the senate and house
46committees on ways and means and the joint committee on the judiciary detailing all assets,
47money and proceeds from the sale of assets seized pursuant to this section. The report shall
48provide an itemized accounting for each seizure and forfeiture as required by section 47 of
49chapter 94C. The report shall be filed not later than January 31 for the preceding calendar year
50and shall be a public record.