SENATE . . . . . . . . . . . . . . No. 2758
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
SENATE, May 2, 2024.
The committee on The Judiciary, to whom was referred the petitions (accompanied by
bill, Senate, No. 1052) of Liz Miranda for legislation relative to criminal forfeiture;
(accompanied by bill, Senate, No. 1111) of Rebecca L. Rausch for legislation relative to civil
asset forfeiture transparency and data reporting; (accompanied by bill, Senate, No. 2450) (subject
to Joint Rule 12) of Cynthia Stone Creem for legislation relative to forfeiture reform;
(accompanied by bill, House, No. 1577) of Bradley H. Jones, Jr., and others relative to civil asset
forfeiture improvements under the controlled substances law; (accompanied by bill, House, No.
1615) of David Henry Argosky LeBoeuf relative to establishing a right to counsel in civil asset
forfeiture cases; (accompanied by bill, House, No. 1642) of Jay D. Livingstone relative to
forfeiture reform; (accompanied by bill, House, No. 1732) of David M. Rogers and Carlos
González relative to civil asset forfeiture; and (accompanied by bill, House, No. 1762) of Danillo
A. Sena, Nicholas A. Boldyga and Rebecca L. Rausch relative to civil asset forfeiture
transparency and data reporting, report the accompanying bill (Senate, No. 2758).
For the committee,
James B. Eldridge 1 of 4
FILED ON: 4/30/2024
SENATE . . . . . . . . . . . . . . No. 2758
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 2022
2Official Edition, is hereby amended by striking out, in lines 20 and 24, the word “moneys”, each
3time it appears, and inserting in place thereof, in each instance, the following word:- monies.
4 SECTION 2. Said section 47, as so appearing, is hereby further amended by striking out
5subsection (d) and inserting in place thereof the following subsection:-
6 (d) A district attorney or the attorney general may petition the superior court in the name
7of the commonwealth in the nature of a proceeding in rem to order the forfeiture of a
8conveyance, real property, monies or other things of value exceeding $250 subject to forfeiture
9under subparagraphs (3), (5) and (7) of subsection (a). The petition shall be filed in the court
10having jurisdiction over the conveyance, real property, monies or other things of value or having
11final jurisdiction over any related criminal proceeding brought under this chapter. In any such
12proceeding in which the property is claimed by a person, other than the commonwealth or a
13subdivision thereof, the commonwealth shall have the burden of proving to the court by a 2 of 4
14preponderance of the evidence that the property is forfeitable. The owner of the conveyance or
15real property, or other person claiming thereunder, shall have the burden of proof as to all
16exceptions set forth in subsections (c) and (i).
17 The court shall order the commonwealth to give notice by certified or registered mail to
18the owner of the conveyance, real property, monies or other things of value and to such other
19persons as appear to have an interest therein, and the court shall promptly, but not less than 2
20weeks after notice, hold a hearing on the petition. A criminal defendant represented by public
21counsel in any criminal trial related to the violation of this chapter shall be entitled to continued
22public counsel representation at the hearing on the petition to order a forfeiture under this
23section. An owner of the conveyance, real property, monies or other things of value who is not a
24criminal defendant shall be entitled to public counsel if the owner satisfies the requirements for
25indigency under section 2 of chapter 211D. Upon motion of the owner, the court shall continue
26the hearing on the petition pending the outcome of any criminal trial related to the violation of
27this chapter. At such hearing, the court shall hear evidence and make conclusions of law, and
28shall thereupon issue a final order from which the parties shall have a right of appeal. In any such
29proceeding in which a final order results in forfeiture, the final order shall provide for disposition
30of the conveyance, real property, monies or other thing of value by the commonwealth or any
31subdivision thereof in any manner not prohibited by law, including sale at public auction or by
32competitive bidding. The proceeds of any such sale may be used to pay the reasonable expenses
33of storage, maintenance of custody, advertising and notice, and any balance shall be distributed
34as provided in this section.
35 The final order of the court shall provide that forfeited monies and the proceeds of any
36sale under this subsection shall be deposited in the general fund. Forfeited property received 3 of 4
37from another jurisdiction, including the federal government, shall be transferred to the office of
38the state treasurer, sold by the treasurer or designee, and deposited in the general fund. Proceeds
39from the sale of forfeited property received from another jurisdiction, including, but not limited
40to, the federal government, shall be transferred to the office of the state treasurer and deposited in
41the general fund.
42 SECTION 3. Said section 47, as so appearing, is hereby further amended by striking out,
43in lines 197-203, the following words:- The office of seized property management may receive
44initial funding from the special law enforcement trust funds of the attorney general and each
45district attorney established pursuant to subsection (d) and shall subsequently be funded by a
46portion of the proceeds of each sale of such managed property to the extent provided as payment
47of reasonable expenses in subsection (d).
48 SECTION 4. Said section 47, as so appearing, is hereby further amended by striking out
49subsection (k) and inserting in place thereof the following subsections:-
50 (k) The attorney general, each district attorney and each police department shall file an
51annual report with the executive office for administration and finance, the house and senate
52committees on ways and means and the joint committee on the judiciary detailing all property
53seized or forfeited pursuant to this section. The report shall provide itemized accounting for all
54assets, monies and proceeds from the sale of assets within the following asset categories: cash,
55personal property, conveyances and real property, including any property disposed of by the
56office of seized property management. The report shall be filed not later than January 31 for the
57preceding calendar year and shall be a public record. 4 of 4
58 (l) Annually, not later than January 31, the committee on public counsel services, in
59collaboration with the trial court of the commonwealth, shall submit a report to the senate and
60house committees on ways and means and the joint committee on the judiciary on the provision
61of public counsel representation under this section including, but not limited to, the: (i) total
62number of cases involving public counsel representation under this section; (ii) number of such
63cases where the property owner is a criminal defendant represented by public counsel in a related
64criminal trial; and (iii) number of such cases where the property owner is not a criminal
65defendant.