Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1953 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2971 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1953
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David M. Rogers and Carlos González
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to civil asset forfeiture.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:David M. Rogers24th Middlesex1/16/2025Carlos González10th Hampden1/16/2025 1 of 4
16	16	HOUSE DOCKET, NO. 2971 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1953
18	18	By Representatives Rogers of Cambridge and González of Springfield, a petition (accompanied
19	19	by bill, House, No. 1953) of David M. Rogers and Carlos González relative to civil asset
20	20	forfeiture. The Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 1732 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act relative to civil asset forfeiture.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 2BBBB of chapter 29 of the General Laws, as appearing in the
32	32	22022 Official Edition, is hereby amended by inserting after the figure “10”, in line 4, the
33	33	3following words:-
34	34	4 and all monies, proceeds from assets, or other such funds forfeited pursuant to section 47
35	35	5of chapter 94C
36	36	6 SECTION 2. Section 47 of chapter 94C of the General Laws, as so appearing, is hereby
37	37	7amended by adding the following paragraph:-
38	38	8 (10) No monies, negotiable instruments, securities, proceeds or other things of value
39	39	9furnished or intended to be furnished by any person in exchange for a controlled substance in 2 of 4
40	40	10violation of this chapter shall be subject to forfeiture to the commonwealth unless they exceed
41	41	11$250 in value.
42	42	12 SECTION 3. Said section 47 of said chapter 94C of the General Laws, as so appearing, is
43	43	13hereby further amended by striking out subsection (d) and inserting in place thereof the
44	44	14following subsection:-
45	45	15 (d) A district attorney or the attorney general may petition the superior court in the name
46	46	16of the commonwealth in the nature of a proceeding in rem to order forfeiture of a conveyance,
47	47	17real property, monies or other things of value subject to forfeiture under the provisions of
48	48	18subparagraphs (3), (5), and (7) of subsection (a). Such petition shall be filed in the court having
49	49	19jurisdiction over said conveyance, real property, monies or other things of value or having final
50	50	20jurisdiction over any related criminal proceeding brought under any provision of this chapter. In
51	51	21all such suits where the property is claimed by any person, other than the commonwealth, the
52	52	22commonwealth shall have the burden of proving all material facts by clear and convincing
53	53	23evidence, and any such claimant shall then have the burden of proving that the property is not
54	54	24forfeitable pursuant to subparagraph (3), (5), or (7) of said subsection (a). The owner of said
55	55	25conveyance or real property, or other person claiming thereunder shall have the burden of proof
56	56	26as to all exceptions set forth in subsections (c) and (i).
57	57	27 The court shall order the commonwealth to give notice by certified or registered mail to
58	58	28the owner of said conveyance, real property, monies or other things of value and to such other
59	59	29persons as appear to have an interest therein, and the court shall promptly, but not less than two
60	60	30weeks after notice, hold a hearing on the petition. The court shall continue the hearing on the
61	61	31petition pending the outcome of any criminal trial related to the violation of this chapter. A 3 of 4
62	62	32criminal defendant represented by public counsel in any criminal trial related to the violation of
63	63	33this chapter shall be entitled to continued public counsel representation at the hearing on the
64	64	34petition to order a forfeiture. At such hearing the court shall hear evidence and make conclusions
65	65	35of law, and shall thereupon issue a final order, from which the parties shall have a right of
66	66	36appeal. In all such suits where a final order results in a forfeiture, said final order shall provide
67	67	37for disposition of said conveyance, real property, monies or any other thing of value by the
68	68	38commonwealth or any subdivision thereof in any manner not prohibited by law, including
69	69	39official use by an authorized law enforcement or other public agency, or sale at public auction or
70	70	40by competitive bidding. The proceeds of any such sale may be used to pay the reasonable
71	71	41expenses of the storage, maintenance of custody, advertising, and notice, and the balance thereof
72	72	42shall be distributed as further provided in this section.
73	73	43 The final order of the court shall provide that said monies and the proceeds of any such
74	74	44sale shall deposit fifty (50) percent into the Commonwealth Substance Abuse Prevention and
75	75	45Treatment Fund established pursuant to section 2BBBB of chapter 29 and used solely for the
76	76	46purpose of substance abuse treatment and prevention services and fifty (50) percent in a fund that
77	77	47assists communities that have been adversely affected economically by the opioid epidemic
78	78	48and/or criminal justice policies and procedures.
79	79	49 SECTION 4. Said section 47 of said chapter 94C of the General Laws, as so appearing, is
80	80	50hereby further amended by striking out subsection (k) and inserting in place thereof the
81	81	51following subsection:-
82	82	52 (k)(1) The attorney general, each district attorney and each police department shall file an
83	83	53annual report with the executive office of administration and finance and the house and senate 4 of 4
84	84	54committees on ways and means detailing all assets, monies and proceeds from assets seized
85	85	55pursuant to this section. The report shall provide itemized accounting for all assets, monies and
86	86	56proceeds from assets within the following asset categories: cash, personal property, conveyances
87	87	57and real property, including any property disposed of by the office of seized property
88	88	58management. The report shall be filed not later than January 31 for the preceding calendar year
89	89	59and shall be a public record.
90	90	60 (2) The attorney general, each district attorney and each police department shall file an
91	91	61annual report with the executive office of administration and finance and the house and senate
92	92	62committees on ways and means regarding all expenditures of funds allocated to them from the
93	93	63Commonwealth Substance Abuse Prevention and Treatment Fund pursuant to section 2BBBB of
94	94	64chapter 29. The report shall be filed not later than January 31 for the preceding calendar year and
95	95	65shall be a public record.