Opinion of the Justices to the Senate

The Massachusetts Senate asked whether the statute proposed in a bill entitled “An Act relative to profits from crime” violated the constitutional right to free speech. The bill required any contract with a defendant to be submitted to the victim-compensation division if the consideration the defendant would be paid constituted crime-related proceeds. A “defendant” was defined as someone who was the subject of pending criminal charges, had been convicted of a crime, or had voluntarily admitted committing a crime. If the division determined that the contract proceeds were substantially related to a crime, the contacting party would have to pay the monies into a division escrow account for the benefit of victims. The division’s determination was final unless the contracting party sought reconsideration or judicial review under a statute requiring the contracting party to demonstrate error. No timeframe was provided for judicial review. The division was required to notify all known victims and publish notices. Victims could civilly sue the defendant within three years from the last publication, and the escrowed funds would be used to satisfy any judgment a victim obtained. After the payment of all judgments or if no victim sued, half of the escrowed funds would be returned to the contracting party and the other half deposited into the victim-compensation fund.