MA H1851

Requires a criminal conviction before property can be forfeited, with the commonwealth required to prove forfeitability by clear and convincing evidence; applies only to felony drug trafficking offenses and human trafficking crimes

Exempts homesteads, motor vehicles worth less than $10,000, and cash totaling $200 or less from forfeiture; prohibits seizing currency based solely on its presence without other evidence of criminal activity

Protects innocent owners by requiring the commonwealth to prove by clear and convincing evidence that property owners had actual or constructive knowledge of the underlying crime before their property can be forfeited

Directs all forfeiture proceeds to the state general fund rather than to law enforcement agencies; prohibits agencies from retaining forfeited property for their own use or transferring cases to federal agencies to circumvent state forfeiture requirements (except for seizures exceeding $50,000 in currency)

Mandates annual reporting by law enforcement agencies to the attorney general on all seizures and forfeitures, with aggregate reports published on the attorney general's website by April 1 each year