H 1642 Massachusetts House · 193rd Legislature (2023-2024)

An Act relative to forfeiture reform

This bill reformers Massachusetts forfeiture laws by amending existing statutes to clarify definitions and limit what property can be seized from individuals convicted of crimes. It establishes specific exemptions for essential items, such as a homestead, motor vehicles under $10,000, and small amounts of cash, while defining contraband to explicitly exclude marijuana grown or sold legally in the state. The legislation also introduces a "clear and convincing evidence" standard for proving forfeiture and allows courts to waive the requirement for a criminal conviction in cases where the defendant has died, been deported, granted immunity, or unjustifiably failed to appear in court. Additionally, the bill permits the seizure of substitute property to replace assets that have been intentionally hidden or transferred to avoid legal jurisdiction. These changes aim to provide greater protections for innocent owners and creditors while maintaining the state's ability to confiscate assets directly tied to criminal activity.
Bill status passed 3 of 4 stages cleared
Introduction
Feb 2023
Committee Review
Feb 2023
Senate Passage
Apr 2024
Governor
Introduced Feb 16, 2023 Last action May 2, 2024
Floor votes

How they voted

This bill passed the Senate. No roll call record of that vote is available.
Full legislative history

Actions timeline

Total actions
7
Key actions
2
Committee
1
Apr 1, 2024
Upper · Passed
Senate concurred
upper
Feb 16, 2023
Upper · Passed
Senate concurred
upper
Feb 16, 2023
Committee
Referred to the committee on The Judiciary
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Jay Livingstone
Jay Livingstone
DDemocratic
MA
8th Suffolk