The bill amends Section 47 of Chapter 94C of the General Laws, primarily focusing on the process and requirements for civil asset forfeiture. It replaces the term "moneys" with "monies" and revises subsection (d) to clarify the petition process for forfeiture by district attorneys or the attorney general. The bill establishes that the burden of proof lies with the commonwealth to demonstrate that the property is forfeitable, while the property owner must prove any exceptions. It also mandates that the court provide notice to property owners and hold a hearing on the petition, ensuring that defendants represented by public counsel maintain that representation during the forfeiture hearing.

Additionally, the bill introduces new reporting requirements, mandating annual reports from the attorney general, district attorneys, and police departments detailing all seized or forfeited property. These reports must include an itemized accounting of assets and proceeds from sales, and they are to be made public. The bill also requires the committee on public counsel services to report on the provision of public counsel representation in forfeiture cases, including statistics on the involvement of criminal defendants and non-defendants. Overall, the amendments aim to enhance transparency and accountability in the civil asset forfeiture process.

Statutes affected:
Bill Text: 94C-47