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H 4397

An Act relative to civil asset forfeiture

194th Legislature (2025-2026) Introduced by Carlos González and 1 co-sponsor

H 4397 reforms civil asset forfeiture procedures in Massachusetts to strengthen property owner protections and due process rights during police seizures.

Bill reported favorably by committee and referred to the committee on House Ways and Means
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Bill Summary · H 4397

Legislative bill overview

H 4397 addresses civil asset forfeiture in Massachusetts, a legal process allowing law enforcement to seize property suspected of involvement in criminal activity without necessarily convicting the owner of a crime. The bill appears to reform or restrict how these seizures occur, though specific provisions require the actual bill text for complete detail. This represents part of a broader legislative effort, as it's connected to companion bills H1851 and H1953.

Why is this important

Civil asset forfeiture is a high-stakes issue affecting property rights and due process. Citizens have reported losing cash, vehicles, and homes through forfeiture without criminal conviction, creating financial hardship and raising concerns about incentive structures that benefit law enforcement budgets. Reforming these practices directly impacts both individual rights and how police agencies fund operations.

Potential points of contention

  • Due process protections: Whether owners must be convicted of crimes before permanent asset loss, or if lower evidentiary standards remain acceptable
  • Law enforcement funding: Police departments in Massachusetts may rely on forfeiture proceeds for budgets; restrictions could require alternative funding mechanisms
  • Scope of application: Whether reforms apply to federal forfeitures conducted in Massachusetts and how state/federal coordination works under the bill's framework

Compiled from official sources — confirm details with the bill’s official record.

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