Budget Amendment ID: FY2019-S4-1008

JUD 1008

Requiring Conviction for Criminal Forfeiture

Ms. Creem and Mr. Boncore moved that the proposed new text be amended by inserting after section _ the following sections_-

SECTION 1. Paragraph (a) of Section 47 of Chapter 94C of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting in line 2 after the words “in the commonwealth” the following:- “only when a person has been convicted of violating a law subject to forfeiture”

SECTION 2. Paragraph (d) of said section  47 of Chapter 94C is hereby amended by striking in line 86 the words “in rem”  and inserting in place thereof the following words:- “against a person who is alleged to have violated a law subject to forfeiture;”

SECTION 3. Paragraph (d) of said section 47 of Chapter 94C of the General Laws is hereby amended by striking in lines 105 to 107 the phrase “Upon the motion of the owner of said conveyance or real property, moneys or other things of value, the court may,” and inserting in place thereof the following: - “The court shall.”

SECTION 4. Paragraph (d) of said section 47 of Chapter 94C is hereby amended by adding at the end thereof the following sentence:-  “A law enforcement agency or prosecuting authority may enter into an agreement to transfer or refer seized property to or receive seized property from a federal agency, state agency or any other agency directly, indirectly, by adoption, through an intergovernmental joint taskforce or by other means for the purposes of forfeiture litigation, but only to the extent that any such property was forfeited as provided for under this section.”

SECTION 5. Section 4 of Chapter 267A of the General Laws is hereby amended by striking the word “(b)” in the second sentence, and inserting in place thereof:- “(a).”

SECTION 6. Paragraph (a) of section 56 of Chapter 265 of the General Laws is hereby amended by inserting in line 2 after the phrase “in the commonwealth” the following phrase:- “only when a person has been convicted of violating a law subject to forfeiture”

SECTION 7. Paragraph (d) of section 56 of Chapter 265 of the General Laws is hereby amended by striking in line 46 the phrase “in rem” and inserting in place thereof the phrase “against a person who is alleged to have violated a law subject to forfeiture;”

SECTION 8. Paragraph (d) of section 56 of Chapter 265 of the General Laws is hereby amended by striking in lines 63 and 64 the words “Upon the motion of the owner of said conveyance or real property, moneys or other things of value, the court may,” and inserting in place thereof the words ”The court shall”

SECTION 9. Paragraph (d) of section 56 of Chapter 265 of the General Laws is hereby amended by adding thereof the following:- “A law enforcement agency or prosecuting authority may enter into an agreement to transfer or refer seized property to or receive seized property from a federal agency, state agency or any other agency directly, indirectly, by adoption, through an intergovernmental joint taskforce or by other means for the purposes of forfeiture litigation, but only to the extent that any such property was forfeited as provided for under this section.”