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| 2 | 2 | | SENATE DOCKET, NO. 2531 FILED ON: 3/24/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 2450 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Cynthia Stone Creem |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to forfeiture reform. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and Middlesex 1 of 3 |
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| 16 | 16 | | SENATE DOCKET, NO. 2531 FILED ON: 3/24/2023 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 2450 |
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| 18 | 18 | | By Ms. Creem, a petition (accompanied by bill) (subject to Joint Rule 12) of Cynthia Stone |
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| 19 | 19 | | Creem for legislation relative to forfeiture reform. The Judiciary. |
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| 20 | 20 | | The Commonwealth of Massachusetts |
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| 21 | 21 | | _______________ |
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| 22 | 22 | | In the One Hundred and Ninety-Third General Court |
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| 23 | 23 | | (2023-2024) |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | An Act relative to forfeiture reform. |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 27 | 27 | | of the same, as follows: |
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| 28 | 28 | | 1 SECTION 1. Section 47 of chapter 94C of the General Laws, as appearing in the 2020 |
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| 29 | 29 | | 2Official Edition, is amended by striking out subsection (d) and inserting in place thereof the |
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| 30 | 30 | | 3following subsection:- |
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| 31 | 31 | | 4 (d) A district attorney or the attorney general may petition the superior court in the name |
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| 32 | 32 | | 5of the commonwealth in the nature of a proceeding in rem to order forfeiture of a conveyance, |
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| 33 | 33 | | 6real property, moneys or other things of value exceeding $250 subject to forfeiture under the |
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| 34 | 34 | | 7provisions of subparagraphs (3), (5), and (7) of subsection (a). Such petition shall be filed in the |
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| 35 | 35 | | 8court having jurisdiction over said conveyance, real property, monies or other things of value or |
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| 36 | 36 | | 9having final jurisdiction over any related criminal proceeding brought under any provision of this |
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| 37 | 37 | | 10chapter. In all such suits where the property is claimed by any person, other than the |
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| 38 | 38 | | 11commonwealth, the commonwealth shall have the burden of proving to the court by a |
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| 39 | 39 | | 12preponderance of the evidence that the property is forfeitable. The owner of said conveyance or 2 of 3 |
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| 40 | 40 | | 13real property, or other person claiming thereunder shall have the burden of proof as to all |
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| 41 | 41 | | 14exceptions set forth in subsections (c) and (i). |
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| 42 | 42 | | 15 The court shall order the commonwealth to give notice by certified or registered mail to |
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| 43 | 43 | | 16the owner of said conveyance, real property, moneys or other things of value and to such other |
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| 44 | 44 | | 17persons as appear to have an interest therein, and the court shall promptly, but not less than two |
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| 45 | 45 | | 18weeks after notice, hold a hearing on the petition. A criminal defendant represented by public |
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| 46 | 46 | | 19counsel in any criminal trial related to the violation of this chapter shall be entitled to continued |
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| 47 | 47 | | 20public counsel representation at the hearing on the petition to order a forfeiture. A property |
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| 48 | 48 | | 21owner who is not a criminal defendant shall be entitled to public counsel to the extent that |
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| 49 | 49 | | 22individual satisfies the requirements for indigency under section 2 of chapter 211D. Upon the |
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| 50 | 50 | | 23motion of the owner of said conveyance, real property, moneys or other things of value, the court |
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| 51 | 51 | | 24shall continue the hearing on the petition pending the outcome of any criminal trial related to the |
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| 52 | 52 | | 25violation of this chapter. At such hearing the court shall hear evidence and make conclusions of |
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| 53 | 53 | | 26law, and shall thereupon issue a final order, from which the parties shall have a right of appeal. |
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| 54 | 54 | | 27In all such suits where a final order results in a forfeiture, said final order shall provide for |
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| 55 | 55 | | 28disposition of said conveyance, real property, moneys or any other thing of value by the |
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| 56 | 56 | | 29commonwealth or any subdivision thereof in any manner not prohibited by law, including sale at |
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| 57 | 57 | | 30public auction or by competitive bidding. The proceeds of any such sale may be used to pay the |
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| 58 | 58 | | 31reasonable expenses of storage, maintenance of custody, advertising, and notice, and the balance |
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| 59 | 59 | | 32thereof shall be distributed as further provided in this section. |
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| 60 | 60 | | 33 The final order of the court shall provide that said moneys and the proceeds of any such |
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| 61 | 61 | | 34sale shall be deposited in the general fund. Forfeited property received from another jurisdiction, |
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| 62 | 62 | | 35including the federal government, shall be transferred to the office of the state treasurer, sold by 3 of 3 |
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| 63 | 63 | | 36the treasurer or designee, and deposited in the general fund. Proceeds from the sale of forfeited |
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| 64 | 64 | | 37property received from another jurisdiction, including, but not limited to, the federal government, |
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| 65 | 65 | | 38shall be transferred to the office of the state treasurer and deposited in the general fund. |
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| 66 | 66 | | 39 SECTION 2. Said section 47 of said chapter 94C, as so appearing, is amended by striking |
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| 67 | 67 | | 40out in subsection (f)(2), in lines 197-203, the following words:- The office of seized property |
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| 68 | 68 | | 41management may receive initial funding from the special law enforcement trust funds of the |
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| 69 | 69 | | 42attorney general and each district attorney established pursuant to subsection (d) and shall |
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| 70 | 70 | | 43subsequently be funded by a portion of the proceeds of each sale of such managed property to |
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| 71 | 71 | | 44the extent provided as payment of reasonable expenses in subsection (d). |
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| 72 | 72 | | 45 SECTION 3. Said section 47 of said chapter 94C, as so appearing, is amended by striking |
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| 73 | 73 | | 46out subsection (k) and inserting in place thereof the following subsection:- |
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| 74 | 74 | | 47 (k) The attorney general, each district attorney and each police department shall file an |
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| 75 | 75 | | 48annual report with the executive office of administration and finance and the house and senate |
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| 76 | 76 | | 49committees on ways and means detailing all assets, monies and proceeds from assets seized |
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| 77 | 77 | | 50pursuant to this section. The report shall provide itemized accounting for all assets, monies and |
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| 78 | 78 | | 51proceeds from assets within the following asset categories: cash, personal property, conveyances |
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| 79 | 79 | | 52and real property, including any property disposed of by the office of seized property |
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| 80 | 80 | | 53management. The report shall be filed not later than January 31 for the preceding calendar year |
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| 81 | 81 | | 54and shall be a public record. |
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