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Bill H.4736
SECTION 1. Section 24 of chapter 90, as appearing in the 2024 official Edition, is hereby amended by inserting after subparagraph 3(c) the following subparagraphs:
“(d) Whoever upon any way or in any place to which the public has a right of access, or any place to which members of the public have access as invitees or licensees whether the business or commercial property is opened or closed to the public operates in a reckless or negligent manner and
hinders the movement of other vehicles on such ways with a group of two or more other vehicles
shall be punishable in the house of correction for not more than two and one half years, and a not more than a fine of two thousand dollars.
No person shall be placed on a continuance without a finding for a violation of this subsection.
(e) Upon a conviction or adjudication by reason of a violation of subsection (d), or any combination thereof, a motor vehicle or recreation vehicle, as defined by sections 1 and 20
of Chapter 90, used in the commission of such violation or violations shall be subject to forfeiture.
(f) A district attorney or the attorney general may petition the superior or district court in the name of the Commonwealth in the nature of a proceeding in rem to order forfeiture of such motor vehicle or recreation vehicle. The petition shall be filed in the court having jurisdiction over the criminal proceeding brought under this section. The proceeding shall be deemed a civil suit in equity. In all such actions in which the motor vehicle or
recreation vehicle is jointly owned before the date of the violation committed by the defendant by either a parent, spouse, child, grandparent, brother, sister or parent of the spouse living in the defendant's household, the commonwealth shall have the burden of proving to the court the existence of probable cause to institute the action.
(g) The court shall order the commonwealth to give notice by certified or registered mail to the owners of the motor vehicle or recreation vehicle and to such other persons or entities who appear to have an interest therein, and the court shall promptly, but not less than 2 weeks after notice, hold a hearing on the petition.
Upon the motion of an owner of the motor vehicle or recreation vehicle, the court may continue the hearing on the petition pending the outcome of a criminal trial related to the violation. During the pendency of the proceedings, the court may issue at the request of the commonwealth ex-parte any preliminary order or process as is necessary to seize or secure the property for which forfeiture is sought and to provide for its custody. Process for seizure of the property shall issue only upon a showing of probable cause, and the application therefor and the issuance, execution and return thereof shall be subject to chapter 276, as applicable.
(h) At a hearing under this section, the court shall hear evidence and make findings of fact and conclusions of law and shall issue a final order from which the parties shall have such right of appeal as from a decree in equity. No forfeiture under this section shall extinguish a perfected security interest held by a creditor in the property at the time of the filing of the forfeiture action. In all actions where a final order results in forfeiture, the final order shall provide for disposition of the property by the commonwealth or any subdivision thereof in any manner not prohibited by law, including official use by an authorized law enforcement or other agency, or at sale at public auction or by competitive bidding, with the sale being conducted by the office of the district attorney or the attorney general that obtained the final order of forfeiture.
(i) The final order of the court shall provide that the proceeds of any such sale shall be used to pay the reasonable expenses of the forfeiture proceedings, seizure, storage, maintenance of custody, advertising and notice, and all proceeds shall be deposited into the General Fund of the municipality in which such crime was committed.
(j) Any moneys and proceeds received by a municipality pursuant to this section may be expended without further appropriation to defray the costs of investigations, to provide additional technical equipment or expertise, to provide matching funds to obtain federal grants or to accomplish such other law enforcement, environmental or public recreational purposes as the head of such division, department or office deems appropriate, but such funds shall not be considered a source of revenue to meet the operating needs of such division, department or office.”
SECTION 2. Section 53 of chapter 272, as appearing in the 2024 official Edition, is hereby amended by inserting after subsection (b) the following subsection:
“(c) Disorderly persons and disturbers of the peace while masked shall be punished by imprisonment in a house of correction for not more than 1 year or by a fine of not more than $500 or by both such fine and imprisonment.”
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