H4397
An Act relative to civil asset forfeiture
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- Passed House
- Passed Senate
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Bill overview
This bill seeks to reform the state’s civil asset forfeiture laws, which currently allow law enforcement to seize property suspected of being involved in criminal activity without a criminal conviction. The proposed legislation aims to limit the use of civil asset forfeiture, requiring a criminal conviction before property can be forfeited and establishing stricter standards for forfeiture proceedings. It prioritizes returning property to its rightful owners and reduces the potential for abuse of this process.
Key provisions
- Requires a criminal conviction before property can be forfeited under civil asset forfeiture.
- Limits the types of property that can be subject to civil asset forfeiture.
- Establishes a process for property owners to challenge forfeiture actions.
- Creates a fund to compensate individuals who have had property wrongfully forfeited.
- Requires law enforcement agencies to report data on forfeiture proceedings.
Who is affected
- Individuals whose property is subject to forfeiture
- Law enforcement agencies
- The criminal justice system
- Property owners
- The Commonwealth of Massachusetts
Notable changes
- Shifts the burden of proof, requiring a criminal conviction instead of probable cause for forfeiture.
- Limits the government's ability to seize property based on suspicion alone.
- Provides a mechanism for property owners to contest forfeiture decisions.
Sponsors
Official sponsors from legislative records.
Primary sponsor
Joint Committee on the Judiciary
Cosponsors
David M. Rogers
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Bill H.4397 194th (Current)
An Act relative to civil asset forfeiture
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Bill Information
Bill Information
Sponsor: Joint Committee on the Judiciary Status: Referred to House Committee on Ways and Means
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Bill History Cosponsors Committee Vote Committee Summary
Bill History
Displaying 3 actions for Bill H.4397
| Date | Branch | Action |
| 8/18/2025 | House | Reported from the committee on The Judiciary |
| 8/18/2025 | House | New draft of H1851 and H1953 |
| 8/18/2025 | House | Bill reported favorably by committee and referred to the committee on House Ways and Means |
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