Relates to witness testimony before legislative committees via videoconferencing

2025 Regular Session Introduced by Rachel May

Seizes and forfeits funds and lottery winnings used or intended to finance sexual offenses, directing those assets to court-ordered restitution and halting prize disbursements.

REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Purpose

S.1259 augments Massachusetts forfeiture law to allow the Commonwealth to seize and redirect funds and prizes that were used, or intended to be used, to facilitate certain sexual offenses. The stated aim is to (1) remove financial benefits derived from these crimes and (2) make those monies available for court-ordered victim restitution.

Key provisions

Adds Section 28C to Chapter 10 (State Lottery/Gaming):

A person who holds a winning lottery ticket and is convicted of specified sexual offenses (chapter 265, sections 22–24C or 50 or 51) becomes ineligible for any remaining, undistributed portion of that prize.
The Lottery Commission must stop further disbursements and return the remaining balance to the State Lottery and Gaming Fund (see chapter 10, §10).

Amends Section 55 of Chapter 265:

All monies furnished or intended to be furnished in exchange for forced labor, sexual servitude, or monies used (or intended to be used) to facilitate violations of chapter 265 §§22–24C or §§50–51 are forfeitable to the Commonwealth.
Forfeited funds shall be made available by the court to any victim who is ordered restitution under chapter 258B, §3.

Amends Section 56 of Chapter 265:

Broadens the section title and statutory coverage to explicitly reference the listed sexual-offense sections.
Adds a new clause (v) specifying that monies received from the Commonwealth or any Commonwealth-established fund or commission — expressly including lottery prizes disbursed by the State Lottery Commission — are subject to forfeiture if used or intended to be used to facilitate the listed offenses.
Retains existing procedural language (seizure, exceptions, records, referrals, homestead exemptions, recording of certificate of final judgment).

Who is affected

Convicted offenders: potential forfeiture of funds, including undistributed lottery winnings.

Crime victims: increased access to funds for court-ordered restitution.

Commonwealth entities: State Lottery Commission and other state funds may be the source of recoverable monies; courts and seized property management entities will have expanded forfeiture duties.

Law enforcement and courts: administrative and procedural duties to seize, manage, and reallocate forfeited assets.

Procedural status & timeline

Filed: 01/07/2025 (Senate Docket No. 75)

Introduced in Senate: 04/02/2025; read twice and referred to Committee on Finance

Referred earlier to the Judiciary (02/27/2025) and to Investigations and Government Operations (01/08/2025)

Hearing(s) scheduled: June 17, 2025 (01:00–05:00 PM, room A-2)

Sponsor(s) and related bills: sponsors and related/companion measures listed in the bill file (HR 2653 companion; prior-session bills S.457, S.7332).

Potential impacts and considerations

Increases tools for victim restitution by targeting proceeds and facilitating funds tied to sexual exploitation.

May create new administrative responsibilities for the Lottery Commission and courts to identify and freeze/distribute winnings pending criminal proceedings.

Could raise procedural and constitutional questions in implementation (due process, innocent owner claims), which would be addressed through court procedures already referenced in Chapter 265 (Section 56 procedures).

Bill