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Bill

H 1851

An Act relative to forfeiture reform

194th Legislature (2025-2026) Introduced by Jay Livingstone

Strengthens civil asset forfeiture protections in Massachusetts by restricting when law enforcement can seize property and establishing stricter due process requirements for owners.

Hearing scheduled for 05/06/2025 from 01:00 PM-04:00 PM in A-2
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Bill Summary · H 1851

Legislative bill overview

H 1851 seeks to reform Massachusetts' civil asset forfeiture laws, which allow law enforcement to seize property suspected of involvement in criminal activity without necessarily convicting the owner. The bill aims to establish stronger protections for property owners and place greater restrictions on when and how authorities can conduct forfeitures. This follows a national trend of states implementing forfeiture reform due to concerns about abuse.

Why is this important

Civil asset forfeiture has been criticized as enabling law enforcement to seize cash, vehicles, and property from individuals—sometimes without criminal charges ever being filed—and keep the proceeds for departmental budgets, creating financial incentives to seize assets. The real-world impact includes disproportionate effects on lower-income individuals and communities of color who may lack resources to fight seizures in court. Forfeiture reform affects the balance between law enforcement capabilities and individual property rights protections.

Potential points of contention

  • Law enforcement concerns: Police and prosecutors may argue that forfeiture restrictions limit their ability to disrupt drug trafficking networks and organized crime by targeting criminal proceeds and assets
  • Due process standards: Debate over what burden of proof should be required (criminal conviction vs. civil standard) and whether owners should receive compensation if property is ultimately returned
  • Revenue implications: Municipalities and police departments that currently rely on forfeiture proceeds to fund operations may face budget pressures if seizures are restricted

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

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