H 4397
An Act relative to civil asset forfeiture
Take action
Record your position on this measure.
Sign in to record your position, submit testimony, or contact your legislator.
Sign in to take action- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill modifies the state’s civil asset forfeiture laws. It changes the process for obtaining court orders to seize property, requiring the attorney general or a district attorney to petition the court and providing notice to property owners. The bill also establishes reporting requirements for law enforcement agencies regarding seized assets and ensures access to public counsel for property owners who cannot afford an attorney, particularly if they are involved in related criminal proceedings.
Key provisions
- Requires a court order for forfeiture of property exceeding $250.
- Mandates notice to property owners and interested parties before a forfeiture proceeding.
- Establishes a burden of proof for the Commonwealth to demonstrate forfeiture is justified.
- Guarantees access to public counsel for property owners who meet indigency requirements.
- Requires annual reporting by law enforcement agencies on seized and forfeited assets.
- Specifies how forfeited assets will be deposited (general fund or state treasurer).
- Outlines procedures for disposition of forfeited property, including sale at auction.
- Requires reports on public counsel representation in forfeiture cases.
Who is affected
- Law enforcement agencies (district attorneys, attorney general, police departments)
- Property owners
- Criminal defendants
- The Commonwealth
- Individuals with limited financial resources
Notable changes
Sponsors
Official sponsors from legislative records.
Primary sponsor
Joint Committee on the Judiciary
Cosponsors
David M. Rogers
Arguments in favor
Reasons to support this legislation.
No arguments in favor have been submitted.
Submit yoursArguments opposed
Reasons to oppose this legislation.
No arguments opposed have been submitted.
Submit yoursRead the latest version inline or switch to a previous version.
Bill H.4397 194th (Current)
An Act relative to civil asset forfeiture
View Text Print Preview Download PDF
Bill Information
Bill Information
Sponsor: Joint Committee on the Judiciary Status: Referred to House Committee on Ways and Means
Tabs
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 |
Similar Bills
H.1953 194th (Current)
An Act relative to civil asset forfeiture
H.4279 192nd (2021 - 2022)
An Act relative to civil asset forfeiture
H.1732 193rd (2023 - 2024)
An Act relative to civil asset forfeiture
S.1761 186th (2009 - 2010)
An Act relative to civil asset forfeiture.
H.1851 194th (Current)
An Act relative to forfeiture reform
The information contained in this website is for general information purposes only. The General Court provides this information as a public service and while we endeavor to keep the data accurate and current to the best of our ability, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.