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HOUSE DOCKET, NO. 2971 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 1953
The Commonwealth of Massachusetts
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PRESENTED BY:
David M. Rogers and Carlos González
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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.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:David M. Rogers24th Middlesex1/16/2025Carlos González10th Hampden1/16/2025 1 of 4
HOUSE DOCKET, NO. 2971 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 1953
By Representatives Rogers of Cambridge and González of Springfield, a petition (accompanied
by bill, House, No. 1953) of David M. Rogers and Carlos González relative to civil asset
forfeiture. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1732 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to civil asset forfeiture.
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 2BBBB of chapter 29 of the General Laws, as appearing in the
22022 Official Edition, is hereby amended by inserting after the figure “10”, in line 4, the
3following words:-
4 and all monies, proceeds from assets, or other such funds forfeited pursuant to section 47
5of chapter 94C
6 SECTION 2. Section 47 of chapter 94C of the General Laws, as so appearing, is hereby
7amended by adding the following paragraph:-
8 (10) No monies, negotiable instruments, securities, proceeds or other things of value
9furnished or intended to be furnished by any person in exchange for a controlled substance in 2 of 4
10violation of this chapter shall be subject to forfeiture to the commonwealth unless they exceed
11$250 in value.
12 SECTION 3. Said section 47 of said chapter 94C of the General Laws, as so appearing, is
13hereby further amended by striking out subsection (d) and inserting in place thereof the
14following subsection:-
15 (d) A district attorney or the attorney general may petition the superior court in the name
16of the commonwealth in the nature of a proceeding in rem to order forfeiture of a conveyance,
17real property, monies or other things of value subject to forfeiture under the provisions of
18subparagraphs (3), (5), and (7) of subsection (a). Such petition shall be filed in the court having
19jurisdiction over said conveyance, real property, monies or other things of value or having final
20jurisdiction over any related criminal proceeding brought under any provision of this chapter. In
21all such suits where the property is claimed by any person, other than the commonwealth, the
22commonwealth shall have the burden of proving all material facts by clear and convincing
23evidence, and any such claimant shall then have the burden of proving that the property is not
24forfeitable pursuant to subparagraph (3), (5), or (7) of said subsection (a). The owner of said
25conveyance or real property, or other person claiming thereunder shall have the burden of proof
26as to all exceptions set forth in subsections (c) and (i).
27 The court shall order the commonwealth to give notice by certified or registered mail to
28the owner of said conveyance, real property, monies or other things of value and to such other
29persons as appear to have an interest therein, and the court shall promptly, but not less than two
30weeks after notice, hold a hearing on the petition. The court shall continue the hearing on the
31petition pending the outcome of any criminal trial related to the violation of this chapter. A 3 of 4
32criminal defendant represented by public counsel in any criminal trial related to the violation of
33this chapter shall be entitled to continued public counsel representation at the hearing on the
34petition to order a forfeiture. At such hearing the court shall hear evidence and make conclusions
35of law, and shall thereupon issue a final order, from which the parties shall have a right of
36appeal. In all such suits where a final order results in a forfeiture, said final order shall provide
37for disposition of said conveyance, real property, monies or any other thing of value by the
38commonwealth or any subdivision thereof in any manner not prohibited by law, including
39official use by an authorized law enforcement or other public agency, or sale at public auction or
40by competitive bidding. The proceeds of any such sale may be used to pay the reasonable
41expenses of the storage, maintenance of custody, advertising, and notice, and the balance thereof
42shall be distributed as further provided in this section.
43 The final order of the court shall provide that said monies and the proceeds of any such
44sale shall deposit fifty (50) percent into the Commonwealth Substance Abuse Prevention and
45Treatment Fund established pursuant to section 2BBBB of chapter 29 and used solely for the
46purpose of substance abuse treatment and prevention services and fifty (50) percent in a fund that
47assists communities that have been adversely affected economically by the opioid epidemic
48and/or criminal justice policies and procedures.
49 SECTION 4. Said section 47 of said chapter 94C of the General Laws, as so appearing, is
50hereby further amended by striking out subsection (k) and inserting in place thereof the
51following subsection:-
52 (k)(1) The attorney general, each district attorney and each police department shall file an
53annual report with the executive office of administration and finance and the house and senate 4 of 4
54committees on ways and means detailing all assets, monies and proceeds from assets seized
55pursuant to this section. The report shall provide itemized accounting for all assets, monies and
56proceeds from assets within the following asset categories: cash, personal property, conveyances
57and real property, including any property disposed of by the office of seized property
58management. The report shall be filed not later than January 31 for the preceding calendar year
59and shall be a public record.
60 (2) The attorney general, each district attorney and each police department shall file an
61annual report with the executive office of administration and finance and the house and senate
62committees on ways and means regarding all expenditures of funds allocated to them from the
63Commonwealth Substance Abuse Prevention and Treatment Fund pursuant to section 2BBBB of
64chapter 29. The report shall be filed not later than January 31 for the preceding calendar year and
65shall be a public record.