SB332 Alabama 2014 Session

Summary

Primary Sponsor

Arthur OrrSenator

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, abandoned property

Summary

SB332 creates a comprehensive civil forfeiture system in Alabama that allows seizure of property and proceeds tied to felonies, with protections for innocent owners and lienholders and a plan to use proceeds for law enforcement and victims.

What This Bill Does

The bill allows the state to seize and forfeit property, money, and other items used in or gained from felony offenses, and it outlines how those assets are collected, stored, and disposed of. It defines terms like felony offense, instrumentality, proceeds, and innocent owner, and it provides rules to protect innocent owners and bona fide lienholders, including expedited hearings and potential exemptions from forfeiture. It specifies how the proceeds from forfeitures are distributed (to law enforcement agencies, the prosecutorial entity, and victims) and sets up processes for abandoned property and for recovering costs; it becomes effective immediately.

Who It Affects

• Innocent owners and bona fide lienholders of seized property, who may have their interests exempted or protected and can request expedited hearings.
• Law enforcement agencies, prosecutors, and victims, who receive a share of forfeiture proceeds and restitution funding, and who must bear the costs of proceedings.

Key Provisions

• Civil forfeiture of property, proceeds, and instrumentalities tied to felony offenses, with certain exclusions and alignment to existing forfeiture laws.
• Definitions section including felony offense, innocent owner, bona fide lienholder, instrumentality, proceeds, and the requirement that forfeiture actions be 'instituted promptly' (within 42 days).
• Procedural framework requiring the state to prove the property or proceeds are connected to a felony, plus rules for handling cash or fungible property without needing exact serial numbers.
• Protections for innocent owners and bona fide lienholders: interests may be exempt from forfeiture unless the owner or lienholder knowingly participated, with options for expedited hearings and potential orders to satisfy liens.
• Distribution of proceeds: after paying expenses, remaining proceeds are distributed pro rata to participating agencies, the pursuing prosecutorial entity, and for restitution to victims; county or municipal shares go to general funds and funds may be used for law enforcement purposes; district attorney funds are also specified.
• Abandoned property process: requires an affidavit, investigation of ownership, and service by last known address plus publication for three weeks to declare property abandoned.
• Costs and fees: filing fees and related costs cannot be waived and must be paid at the end of the action (or within 15 days if the plaintiff loses).
• Immediate effectiveness: the act takes effect immediately after passage and approval by the Governor.

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