SB329 Alabama 2013 Session

Summary

Primary Sponsor

Jerry L. Fielding

Republican

Session

Regular Session 2013

Title

Forfeitures, Comprehensive Criminal Proceeds Forfeiture Act, seizure and forfeiture of property and proceeds related to certain criminal offenses further provided for, disposal of forfeited property, interests of owners and lienholders in property provided for

Summary

Alabama would create the Comprehensive Criminal Proceeds Forfeiture Act to streamline seizure, forfeiture, and disposition of property and proceeds tied to criminal offenses, with protections for innocent owners and lienholders.

What This Bill Does

The bill establishes a new framework for forfeiture related to crimes, defines key terms, and specifies what kinds of property and proceeds can be forfeited. It sets out seizure procedures (including in rem actions), how property may be disposed of, and how proceeds from sales are used and shared among law enforcement agencies and the district attorney. It also protects innocent owners and bona fide lienholders and outlines related notice and filing requirements.

Who It Affects

• Law enforcement agencies and prosecutorial entities: may seize, hold, dispose of forfeited property, file in rem actions, and receive a share of proceeds to fund operations.
• Property owners and bona fide lienholders: have protections for their interests; may be exempt from forfeiture if they did not know about or consent to the illegal use, and must prove certain conditions to lose their interest.

Key Provisions

• Establishes the Alabama Comprehensive Criminal Proceeds Forfeiture Act with defined terms such as innocent owner, instrumentality, proceeds, and instituted promptly (42 days to file after seizure).
• Allows forfeiture of contraband, property acquired through offenses, proceeds, property traceable to offenses, money and other assets, weapons, conveyances, books/records/computers, real property, and property used to facilitate offenses, plus abandoned property.
• Permits both with-process and without-process seizures under specific conditions; requires prompt civil in rem proceedings by the district attorney and a burden of proof based on reasonable satisfaction.
• Outlines disposal of forfeited property: agencies may retain for official use, sell non-harmful items, donate to other state/local agencies, or transfer custody for disposition; sale proceeds cover costs first and remaining funds are distributed to agencies and the district attorney’s fund, with some amounts deposited to county/municipal funds or the DA solicitor’s fund.
• Imposes restrictions on firearms: seized firearms cannot be sold and may be destroyed or used by law enforcement.
• Protects innocent owners and bona fide lienholders: their interests are not forfeited unless knowledge or consent is shown; non-real property interests require proving lack of knowledge and inability to prevent misuse.
• Provides notice and filing requirements for real property seizures and mandates custody arrangements (sealing, relocation, or disposition) and filing notices with probate court.
• Waives certain court costs for state forfeiture actions and requires accounting of seizures and disbursements to the court for oversight.
• Effective date: takes effect on the first day of the third month after passage and Governor 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

Searches and Seizures