HB75 Alabama 2014 Session

Summary

Primary Sponsor

Allen TreadawayRepresentative

Republican

Session

Regular Session 2014

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

HB75 creates the Alabama Comprehensive Criminal Proceeds Forfeiture Act to streamline the seizure and forfeiture of property and proceeds tied to crimes and regulate how assets are handled, sold, and distributed.

What This Bill Does

HB75 establishes a statewide framework for seizing and forfeiting property and proceeds that come directly or indirectly from certain criminal offenses and their instrumentalities. It lays out procedures for seizing, filing in rem actions, disposing of forfeited property (including selling some items) and distributing sale proceeds. It also protects innocent owners and bona fide lienholders and specifies when their interests can be forfeited.

Who It Affects

• Innocent owners and bona fide lienholders are protected regarding their real property or fixtures seized; their interests are not forfeited unless they knew or consented, and other property protections require showing lack of knowledge and reasonable diligence could not prevent misuse.
• Law enforcement agencies, district attorneys, state/prosecutorial entities, and local governments that perform seizures, pursue forfeiture actions, manage property and proceeds, and receive portions of sale proceeds and related funds.

Key Provisions

• Creates the Alabama Comprehensive Criminal Proceeds Forfeiture Act to streamline seizure and forfeiture of property and proceeds tied to specified offenses and related instrumentalities.
• Defines key terms (innocent owner, instrumentality, proceeds, etc.) and lists property subject to forfeiture (contraband, proceeds, firearms, vehicles, real property, etc.).
• Allows seizure with or without notice under specified circumstances and requires in rem actions to be filed within 42 days of seizure, with burdens of proof set at reasonable satisfaction.
• Specifies notice and handling of seized real property and fixtures, including posting notices and probate filing; outlines disposition options (seal, custody, or disposition).
• Describes how proceeds from sales are used: pay expenses first; remaining proceeds distributed to participating agencies and prosecutors; funds allocated to county/municipal funds and the district attorney's fund as specified.
• Prohibits sale of seized firearms to individuals or other entities; destruction or use for law enforcement purposes is allowed.
• Protects owner’s and bona fide lienholder’s interests in real property/fixtures from forfeiture unless knowledge/consent is shown; for other property, forfeiture requires proving lack of knowledge and inability to prevent misuse, with possible exemptions by stipulation.
• Requires detailed accounting of seizures, storage, costs, and disbursements; waives or reduces court costs for actions under this act.
• Effective date: becomes law on the first day of the third month after passage/approval.

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

Subjects

Searches and Seizures