HB135 Alabama 2010 Session

Summary

Primary Sponsor

Ken Guin

Democrat

Session

Regular Session 2010

Title

Person convicted of facilitating solicitation of unlawful sexual conduct with a child, electronic solicitation of child, or facilitating the online solicitation of a child, property subject to forfeiture

Summary

HB135 creates a forfeiture process for the property of people convicted of certain child solicitation crimes and outlines how the assets and proceeds are handled.

What This Bill Does

The bill makes the property of a person convicted of facilitating solicitation of unlawful sexual conduct with a child, electronic solicitation of a child, or facilitating online solicitation of a child subject to forfeiture. It lists specific property that can be forfeited (the dwelling if solely owned, money and funds used in the crime, computers, and vehicles) and sets seizure and court procedures, including defenses for owners and lienholders. It also directs how forfeited proceeds are distributed (80% to enforcement use and 20% to local child advocacy centers) after expenses and notes the act is exempt from Amendment 621 requirements and becomes effective after a set date.

Who It Affects

• Individuals convicted of the specified offenses, whose property (dwelling, money, computers, and vehicles) may be forfeited; the law also considers hardship to their spouses and children.
• Law enforcement agencies that seize and dispose of forfeited property; and local governments and local child advocacy centers that receive the proceeds.

Key Provisions

• Property subject to forfeiture includes: the dwelling or building solely owned by the offender where the solicitation occurred; all money, negotiable instruments, and funds used in the solicitation; all computers used in the solicitation; and all motor vehicles used to transport to meet a child, with an exception if a spouse or children living there are unaware of the crime.
• Seizure and forfeiture process: property may be seized with probable cause; forfeiture actions must be filed promptly; the State must prove forfeiture by clear and convincing evidence; owners and bona fide lienholders have affirmative defenses.
• Disposition and use of assets: after trial, property can be destroyed, kept for official law enforcement use, or sold; after paying expenses, proceeds go to the General Fund or local funds, with 80% used by law enforcement to enforce laws against computer-based solicitation and 20% used to fund local child advocacy centers.
• Other provisions: the bill allows a civil money judgment in place of forfeiture if property cannot be located or other conditions apply; it is named the Lea Fite Child Protection Act; it becomes effective on the first day of the third month after passage and is exempt from Amendment 621 requirements because it creates or changes a crime.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses