Bill
H 1789
Creates a framework to identify, recover, and distribute profits from crime tied to incarcerated individuals or defendants, with reporting, bonding, and victim remedies.
Overview
- Bill: House No. 1789 (H 1789)
- Title: An Act relative to profits from crime
- Purpose: Create a framework for the Commonwealth to identify, monitor, and recover profits derived from crime—specifically those tied to incarcerated individuals or defendants—and to provide victims with remedies and notice regarding such proceeds.
- Introduced: February 27, 2025
- Status: Hearing scheduled for June 3, 2025 (1:00 PM–9:00 PM) in room A-2
- Committee: Judiciary
- Related: Similar matter previously filed in 2023-2024 (House No. 1575)
What the bill would do (key provisions)
- Establishes new Chapter 258F in the General Laws, after Chapter 258E, to govern proceeds from crime.
- Definitions (Section 1(a)):
- Contracting party: any private entity that pays or agrees to pay a defendant or their representative and knows or should know the payments may be proceeds from crime.
- Proceeds of the crime: assets, money, or property obtained through the use of unique knowledge or notoriety gained from committing a crime, regardless of when earned or paid.
- Conviction, crime, defendant, victim, and division (Division of Victim Compensation and Assistance) are defined to provide statutory context for enforcement and remedies.
- Substantially related activity: an activity that principally derives from the unique knowledge or notoriety gained from the crime, rather than tangential or incidental references.
- Reporting and bonding (Section 1(b)-(c)):
- Contracting party must, within 30 days of the contract, submit a copy or summary of terms to the division if the contract may involve proceeds from crime.
- Until determinations are made, the contracting party must post a bond with the division equal to the amount of proceeds that would be owed under the contract, payable to the Commonwealth for the benefit of victims.
- Enforcement and penalties (Section 1(d)):
- If a contracting party violates reporting or bonding requirements, the division can seek enforcement through a Superior Court order.
- Civil penalties: up to the value of the contract; if willful or knowing violation, penalties may be 2–3 times the contract value.
- Money collected in excess of contract value is deposited into the Victim Compensation Fund; any excess may be held by the division pending further determinations.
- Victim notification and civil rights (Section 1(e)-(f)):
- The division must notify known victims by certified mail and publish notice in a local newspaper at least every six months for one year after receipt of the contract.
- Victims may pursue civil action to recover damages within three years after the last required public notice.
- Division determinations and investigations (Section 1(g)-(h)):
- The division must determine within 30 days of receiving a contract whether proceeds exist and whether they arise from activity substantially related to the crime.
- The division may issue written civil investigative demands to obtain information, with a 15-day response window.
What would be affected
- Contracting parties: Entities paying or agreeing to pay a defendant or their representative for consideration that could be proceeds from crime would be subject to reporting, bonding, and potential penalties.
- Defendants and their representatives: Subject to scrutiny over profits and proceeds derived from crime.
- Victims: Beneficiaries of funds recovered and recipients of enhanced notification regarding contracts involving proceeds.
- Division of Victim Compensation and Assistance: Assigned new authority to monitor, enforce, and distribute proceeds-related funds; can issue investigative demands.
Procedural and timeline notes
- First introduced date: February 27, 2025
- Referral: Judiciary
- Hearing date: June 3, 2025 (1:00 PM–9:00 PM)
- The bill references a prior similar measure (House 1575, 2023-2024) and is listed as HD 1346 (replaces).
Notes
- The provided text is truncated for Section (h); the summary reflects the content available. The bill would establish a comprehensive mechanism to identify and recapture profits from crime, with procedures for contracting parties, victim notice, civil remedies, and investigative tools.
Compiled from official sources — confirm details with the bill’s official record.
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