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