Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3297 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3527 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3297
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Nicholas A. Boldyga
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 data reporting.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Nicholas A. Boldyga3rd Hampden1/17/2025 1 of 6
16	16	HOUSE DOCKET, NO. 3527 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 3297
18	18	By Representative Boldyga of Southwick, a petition (accompanied by bill, House, No. 3297) of
19	19	Nicholas A. Boldyga relative to civil asset forfeiture data reporting. State Administration and
20	20	Regulatory Oversight.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 2993 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 data reporting.
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 47 of chapter 94C of the General Laws is hereby amended by
32	32	2striking out subparagraph (k)(1) and inserting in place thereof the following subparagraph:-
33	33	3 (k)(1) The attorney general, each district attorney and each police department for which
34	34	4the state treasurer has established a special law enforcement trust fund pursuant to subsection (d)
35	35	5shall file an annual report with the treasurer regarding all assets, monies and proceeds from
36	36	6assets seized pursuant to this section and held by such fund. The report shall provide itemized
37	37	7accounting for each seizure and forfeiture, as required by section 47B. The report shall be filed
38	38	8not later than January 31 for the preceding calendar year and shall be a public record. 2 of 6
39	39	9 SECTION 2: Section 24W of chapter 90 of the General Laws is hereby amended by
40	40	10adding the following paragraphs:-
41	41	11 (g) The attorney general, each district attorney and each police department shall file an
42	42	12annual report with the treasurer regarding all assets, monies and proceeds from assets seized
43	43	13pursuant to this section and held by such fund. The report shall provide itemized accounting for
44	44	14each seizure and forfeiture, as required by section 47B. The report shall be filed not later than
45	45	15January 31 for the preceding calendar year and shall be a public record.
46	46	16 (h) The attorney general, each district attorney and each police department for which the
47	47	17state treasurer has established a special law enforcement trust fund shall file an annual report
48	48	18with the treasurer regarding all expenditures therefrom, which shall include, but not be limited
49	49	19to, the following expense categories: personnel contractors equipment training private-public
50	50	20partnerships inter-agency collaborations; and community grants. The report shall be filed not
51	51	21later than January 31 for the preceding calendar year and shall be a public record.
52	52	22 (i) Annually, not later than March 15, the state treasurer shall file a report with the
53	53	23executive office of administration and finance and the house and senate committees on ways and
54	54	24means regarding the aggregate deposits, aggregate expenditures, and ending balances for each
55	55	25special law enforcement trust fund during the preceding calendar year. The report shall be a
56	56	26public record.
57	57	27 SECTION 3: Section 56 of chapter 265 of the General Laws is hereby amended by
58	58	28adding the following paragraphs:-
59	59	29 (k) The attorney general, each district attorney and each police department shall file an
60	60	30annual report with the treasurer regarding all assets, monies and proceeds from assets seized 3 of 6
61	61	31pursuant to this section and held by such fund. The report shall provide itemized accounting for
62	62	32each seizure and forfeiture, as required by section 47B. The report shall be filed not later than
63	63	33January 31 for the preceding calendar year and shall be a public record.
64	64	34 (l) The attorney general, each district attorney and each police department for which the
65	65	35state treasurer has established a special law enforcement trust fund shall file an annual report
66	66	36with the treasurer regarding all expenditures therefrom, which shall include, but not be limited
67	67	37to, the following expense categories: personnel contractors equipment training private-public
68	68	38partnerships inter-agency collaborations; and community grants. The report shall be filed not
69	69	39later than January 31 for the preceding calendar year and shall be a public record.
70	70	40 (m) Annually, not later than March 15, the state treasurer shall file a report with the
71	71	41executive office of administration and finance and the house and senate committees on ways and
72	72	42means regarding the aggregate deposits, aggregate expenditures, and ending balances for each
73	73	43special law enforcement trust fund during the preceding calendar year. The reports shall be a
74	74	44public record.
75	75	45 SECTION 4: Chapter 94C of the General Laws is hereby amended by adding the
76	76	46following new section:-
77	77	47 Section 47B: Seizure and forfeiture case tracking system and searchable public website.
78	78	48 (a) This section is applicable to property seized and forfeited under section 24W of
79	79	49chapter 90, section 47 of chapter 94C, section 56 of chapter 265, and any other section of the
80	80	50general laws that authorizes a law enforcement agency to seize property used in the commission
81	81	51of a criminal offense for forfeiture. 4 of 6
82	82	52 (b) The state treasurer shall establish and maintain a case tracking system and searchable
83	83	53public website that includes the following information about any property seized and forfeited
84	84	54under state law. The state treasurer shall assign the responsibility to report each element to
85	85	55relevant agencies, including seizing agencies and district attorneys where appropriate:
86	86	56 (1) Name of the law enforcement agency that seized the property;
87	87	57 (2) Date of the seizure;
88	88	58 (3) Type of property seized: currency or, if property other than currency, a description of
89	89	59property seized including make, model, and year;
90	90	60 (4) Place of seizure;
91	91	61 (5) Estimated value of the seizure;
92	92	62 (6) Whether the seizure was transferred to federal government;
93	93	63 (7) Crime for which suspect was charged;
94	94	64 (8) The outcome of suspect’s arrest: no charge was filed, charges dropped, acquittal, plea
95	95	65agreement, jury conviction or other;
96	96	66 (9) Criminal case number, if charged;
97	97	67 (10) Forfeiture case number;
98	98	68 (11) Type of forfeiture proceeding: civil, administrative, criminal or other;
99	99	69 (12) If a property owner filed a claim or counterclaim, who filed it: the suspect, innocent
100	100	70owner, lienholder, other party, or no filing by any party; 5 of 6
101	101	71 (13) Whether there was a forfeiture settlement or consent agreement;
102	102	72 (14) Date of the forfeiture order;
103	103	73 (15) Property disposition: returned to owner, partially returned to owner, sold, destroyed,
104	104	74retained by a law enforcement agency, or pending disposition;
105	105	75 (16) Total value of property forfeited including currency and proceeds from sale of non-
106	106	76currency property (excluding the value of contraband);
107	107	77 (17) Market value of property forfeited under state law that was retained or donated
108	108	78(excluding the value of contraband); and
109	109	79 (18) Estimate of total costs to the state (i) to store property in impound lots or evidence
110	110	80rooms, (ii) to pay for law enforcement personnel and prosecutors’ time and expenses to litigate
111	111	81forfeiture cases and (iii) cost to sell or dispose of forfeited property.
112	112	82 (c) If an agency has made no seizures during the previous year, a null report shall be filed
113	113	83by the agency specifying that it did not engage in seizures or forfeitures during the reporting
114	114	84period.
115	115	85 (d) If a law enforcement agency fails to file a report within 30 days after it is due and
116	116	86there is no good cause as determined by the state treasurer, the agency shall be subject to a civil
117	117	87fine payable to the General Revenue Fund of $500 or the equivalent of one-quarter of the
118	118	88forfeiture proceeds received in the prior year by the agency, whichever is greater.
119	119	89 (e) The state treasurer may recoup its costs under this section by charging a fee to the law
120	120	90enforcement agency filing a report. The agency may use forfeiture proceeds to pay the costs of 6 of 6
121	121	91compiling and reporting data under this chapter, and to pay any fees imposed by the state
122	122	92treasurer.
123	123	93 (f) The state treasurer may adopt rules necessary to implement this section.
124	124	94 (g) The data and reports compiled and prepared under this section shall public records.
125	125	95 SECTION 5. Section 4 shall take effect on January 1, 2022. The remainder of this act
126	126	96shall take effect upon its passage.