SB189 Alabama 2010 Session

Summary

Primary Sponsor

Wendell Mitchell

Democrat

Session

Regular Session 2010

Title

Theft of livestock, motor vehicles and equipment used in, seizure, condemnation, forfeiture and sale of provided for, proceeds distrib. for State Board of Agriculture and Industries

Summary

SB189 would authorize the seizure, condemnation, forfeiture, and sale of motor vehicles and equipment used in the theft of livestock, with the proceeds going to the Alabama Board of Agriculture and Industries.

What This Bill Does

It defines what counts as motor vehicle or equipment used in livestock theft, including vehicles, trailers, all-terrain vehicles, and various animal-handling gear. It allows a circuit court to declare such property contraband and forfeit it to the state. Law enforcement can seize equipment used in theft, including items inside the vehicle, and must report seizures to the district attorney with full details. The district attorney would initiate condemnation proceedings, following existing law for similar forfeitures, and the sale proceeds (after expenses) would go to the State Treasury for credit to the Alabama Board of Agriculture and Industries.

Who It Affects

• Law enforcement agencies (sheriffs and other authorized officers) who may seize vehicles and equipment used in livestock theft.
• District attorneys and other prosecutors who handle condemnation and forfeiture proceedings.
• Owners or possessors of seized vehicles or equipment (including items found inside the vehicle) who could face seizure and forfeiture if used in theft.
• Individuals accused of livestock theft who may have property seized or forfeited as part of the case.
• Alabama Board of Agriculture and Industries, which would receive the proceeds from the sale of forfeited property.

Key Provisions

• Defines 'motor vehicle or other equipment used in the theft of livestock' to include motor vehicles, trailers, ATVs, and various animal-handling equipment (e.g., corral panels, squeeze chutes, head catches, sweep tubs, crowding alleys, pens, stalls, calf tables, scales, gates).
• Authorizes the sheriff or other authorized officer to seize any such equipment used or once used in livestock theft, including items found inside the vehicle.
• Requires seizure reports to be filed with the district attorney, detailing the contraband, possession, claimants, date, and circumstances of the seizure.
• Gives the district attorney the duty to initiate condemnation proceedings in circuit court to condemn, forfeit, and sell the contraband, using procedures similar to those for vehicles used in illegal transportation of alcoholic beverages; procedures are governed by existing related laws.
• Proceeds from the sale, after expenses, go to the State Treasury to credit the Alabama Board of Agriculture and Industries.
• The act becomes effective on the first day of the third month after its passage and governor's approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses