Bill Text: MA H1302 | 2009-2010 | 186th General Court | Introduced
Bill Title: Provide that certain monies obtained for the seizure of controlled substances be used to prevent gang violence
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-01-20 - Public Hearing date 7/14 at 12:00 PM in Gardner Auditorium [H1302 Detail]
Download: Massachusetts-2009-H1302-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Antonio F.D. Cabral
_______________
To the
Honorable Senate and House of Representatives of the Commonwealth of
Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act to prevent gang violence.
_______________
PETITION OF:
|
Name: |
District/Address: |
|
Antonio F.D. Cabral |
13th Bristol |
|
Angelo J. Puppolo, Jr. |
12th Hampden |
|
Carlo P. Basile |
1st Suffolk |
|
Christine E. Canavan |
10th Plymouth |
|
Stephen L. DiNatale |
3rd Worcester |
|
David B. Sullivan |
6th Bristol |
|
Timothy J. Toomey, Jr. |
26th Middlesex |
|
Susan C. Fargo |
Third Middlesex |
|
Cory Atkins |
14th Middlesex |
|
Louis L. Kafka |
8th Norfolk |
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act to prevent gang violence.
Be
it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
Subsection (d) of Section 47 of Chapter 94C of the
General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking
out the second paragraph and inserting in place thereof the following
paragraphs:—
The final order of the court shall provide that said monies and the proceeds of
any such sale shall be distributed in the following manner: Thirty-four percent
shall be distributed to the Senator Charles E. Shannon, Jr. Community Safety
Initiative, as contained in item 8100-0111 of section 1A of Chapter 182 of the
Acts of 2008 or its successors; Thirty-three percent to the prosecuting
district attorney or attorney general; And thirty-three percent to the city,
town, state, or metropolitan district police department involved in the
seizure, provided, however, if more than one department was substantially
involved in the seizure, the court having jurisdiction of the forfeiture
proceeds shall equitably distribute said proceeds among these departments.
SECTION 2. Subsection (d) of section 47 of Chapter
94C of the General Laws, as so appearing, is hereby amended by inserting at the
end of said section the following sentence:—
Said department shall expend up to ten percent of monies and proceeds for drug
rehabilitation, drug education, and other anti-drug or neighborhood crime watch
programs that further law enforcement purposes.
SECTION 3. The third paragraph in subsection (d) of
section 47 of Chapter 94C of the General Laws, as so appearing, is hereby
further amended by striking out the last sentence and inserting in place
thereof the following two sentences:—
Within ninety days of the close of the fiscal year in which this bill is
enacted and on each February fifteenth thereafter, each district attorney and
the attorney general shall file a detailed report with the house and senate
committees on ways and means on the deposit and expenditure of all monies in
the trust fund including, but not limited to, the use of such monies for the
purpose of protracted investigations, provision of technical equipment, drug
rehabilitation, drug education, and other anti-drug or neighborhood crime watch
programs. Reports filed with said committees annually on February fifteen shall
detail said deposit and expenditure of all monies for the preceding fiscal year
and the current fiscal year through December thirty-first.
SECTION 4. The fourth paragraph in subsection (d)
of Section 47 of Chapter 94C of the General Laws, as so appearing, is hereby
further amended by adding the following after the end of said paragraph:—
Within ninety days of the close of the fiscal year in which this bill is
enacted and on each February fifteenth thereafter, each chief of police of such
city or town shall file a detailed report with the division of local services
of the department of revenue on the deposit and expenditure of all monies in
the special law enforcement trust fund including, but not limited to, the use
of such monies for the purpose of protracted investigations, provision of
technical equipment, drug education, and other anti-drug or neighborhood crime
watch programs or other law enforcement purposes as the chief of police of such
city or town, or the colonel of state police deems appropriate. Reports filed
with said department annually in February fifteenth shall detail such deposits
and expenditures of all monies for the preceding fiscal year and the current
fiscal year through December thirty-first.
SECTION 5. Chapter 10 of the General Laws is hereby
amended by inserting after section 35T, as appearing in the 2002 Official
Edition, the following section:—
Section 35U. There shall be established and set up on the books of the
commonwealth a separate fund, to be known as the Charles E. Shannon, Jr.
Community Safety Initiative, to be administered and distributed to
community-based efforts by the commissioner of public health for the purposes
of drug prevention and treatment. Said fund shall consist of all funds received
by the commonwealth from the following sources: proceeds under the provisions
of paragraph (d) of section forty-seven of chapter 94C; fines paid under the
provisions of sections thirty-two to forty, inclusive, of said chapter 94C; and
appropriations, gifts, grants, or donations to said fund from public or private
sources for the purposes of said fund. The state treasurer shall not deposit
said revenues in, or transfer said revenues to, the General Fund or any other
fund other than the Charles E. Shannon, Jr. Community Safety Initiative,
subject to appropriation. The state treasurer shall deposit monies in said fund
in accordance with the provisions of sections 34 and 34A of chapter 29 in such
manner as will secure the highest interest rate available consistent with the
safety of the fund. Subject to appropriation, said fund shall be expended only
for the purposes of community-based prevention and drug treatment efforts at
the direction of the commissioner of public health, and any unexpended balances
shall be redeposited, as herein provided, for further use consistent with this
section.
