Bill
H 1953
Overhauls civil asset forfeiture to require clear and convincing proof, strengthens notices and hearings, and directs 50% of proceeds to treatment/prevention and 50% to affected co
Purpose and scope
- This bill overhauls Massachusetts’ civil asset forfeiture framework to increase protections for individuals and increase transparency in how forfeited assets are handled.
- It modifies which assets are eligible for forfeiture, the burden of proof, notice and hearings, and how proceeds are distributed and reported.
Key provisions
1) Expanded and clarified forfeiture framework (Section 1–3)
- Adds to the list of sources of forfeited monies that can be placed into the Commonwealth Substance Abuse Prevention and Treatment Fund (by inserting the phrase “and all monies, proceeds from assets, or other such funds forfeited pursuant to section 47 of chapter 94C” after the term “10” in the related statute). This ties forfeited assets more directly to treatment and prevention funding.
- Section 47 of Chapter 94C amended to create a detailed in rem forfeiture process:
- Burden of proof: When the property is claimed by someone other than the Commonwealth, the Commonwealth must prove material facts by clear and convincing evidence. The claimant must then prove why the property is not forfeitable under the statute.
- Notice and hearing: Court must notify owners and interested parties by certified/registered mail and hold a hearing at least two weeks after notice. The hearing may be continued pending related criminal proceedings. Public defenders must have continued representation for defendants during the forfeiture hearing.
- Disposition and process: Final orders must specify how property is disposed (e.g., use by law enforcement, sale, or other lawful disposition). Proceeds may cover storage, maintenance, advertising, and notice costs. Final orders must include the division of proceeds.
- Allocation of proceeds: 50% of forfeiture proceeds go to the Commonwealth Substance Abuse Prevention and Treatment Fund; 50% go to a fund aiding communities economically affected by the opioid epidemic and/or criminal justice policies.
2) Transparency and reporting (Section 4)
- Requires annual public reporting by the attorney general, district attorneys, and police departments to the Executive Office of Administration and Finance and the Ways and Means committees.
- Reports must itemize assets, monies, and proceeds by category (cash, personal property, conveyances and real property, including any disposed property) and cover expenditures of funds from the Commonwealth Substance Abuse Prevention and Treatment Fund.
- Reports due by January 31 for the preceding calendar year; records must be public.
Affected parties
- State and local law enforcement, district attorneys, the attorney general, and other agencies involved in asset forfeiture.
- Property owners and other claimants in forfeiture proceedings.
- The public, via access to annual asset and expenditure reports.
- Communities economically affected by the opioid epidemic and those impacted by criminal justice policies, which receive funding from the forfeiture proceeds.
Procedural and timeline notes
- Hearing date scheduled for May 6, 2025 (in A-2). The Judiciary portion indicates a focus on reforming in rem forfeiture procedures and clarifying timelines, notices, and representation.
- Introduced February 27, 2025; referred to The Judiciary with related prior measures referenced.
Overall impact
- Aims to narrow forfeiture incentives by requiring clear and convincing evidence when claims are made, mandating public notice and continued counsel, and tying proceeds to public health and community support. It increases transparency through annual reporting and dedicates half of proceeds to substance-use treatment and prevention and half to economically affected communities.
Compiled from official sources — confirm details with the bill’s official record.
Sign in to ask a question.
