SB12 Alabama 2016 Session

Summary

Primary Sponsor

Gerald H. AllenSenator

Republican

Session

Regular Session 2016

Title

Terrorism, forfeiture of property derived from, authorization of claims by injured parties and law enforcement, allocation of proceeds from forfeiture, civil action for damages, limitations

Summary

SB12 would expand liability for terrorism injuries, authorize forfeiture of property linked to terrorism, and direct forfeiture proceeds to compensate victims and fund law enforcement.

What This Bill Does

It authorizes civil forfeiture of all property used in or derived from acts of terrorism and lets an injured person and involved law enforcement file claims to be paid from that forfeited property. It specifies how proceeds are allocated, prioritizing investigation and prosecution costs before satisfying damages to victims. It also allows victims to sue terrorists for damages, with the potential for treble actual damages or a minimum amount plus attorney's fees, and sets five-year time limits for these actions.

Who It Affects

• People injured by acts of terrorism (and their estates or heirs) who may file claims for costs or damages and may pursue damages against the offender.
• Law enforcement agencies and other government entities involved in terrorism investigations and forfeiture, which may receive portions of forfeiture proceeds and are responsible for recovery of investigation costs.

Key Provisions

• Civil forfeiture: all property used in, intended for use in, derived from, or realized through terrorism becomes subject to civil forfeiture to the state.
• Claims for costs/damages: injured parties and involved law enforcement may file claims with the Alabama Board of Adjustment to have costs or damages paid from forfeited property.
• Proceeds allocation: (a) investigation costs go to the agency that conducted the investigation (with specific rules if multiple agencies were involved), (b) 25% of proceeds plus prosecution costs (or all remaining proceeds, whichever is less) go to the prosecuting attorney, (c) remaining investigation costs paid pro rata to non-fully-reimbursed agencies, (d) mitigation/seizure/forfeiture costs paid pro rata to participating agencies, (e) any remaining funds used to satisfy judgments for injuries.
• Limitation periods: five-year limit to assert a claim against forfeited property; five-year limit for actions for damages by injured persons.
• Damages for victims: an injured person may sue the offender for damages, recovering three times actual damages or $10,000 (whichever is greater) plus attorney's fees if they prevail.
• Innocent parties protected: rights of factually innocent people and certain security interests (like mortgages or liens) are preserved.
• Effective date: law becomes effective on the first day of the third month after passage and gubernatorial 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

Crimes and Offenses