HB287 Alabama 2018 Session

Summary

Primary Sponsor

Arnold MooneyRepresentative

Republican

Session

Regular Session 2018

Title

Asset forfeitures, criminal procedure, Alabama Forfeiture Accountability and Integrity Reform Act, Secs. 13A-8-117, 13A-11-37, 20-2-93 repealed

Summary

HB 287 would create the Alabama Forfeiture Accountability and Integrity Reform Act, establishing an exclusive, conviction-based process for asset forfeiture and repealing older forfeiture laws.

What This Bill Does

It establishes a single statewide process for asset forfeiture and repeals conflicting old laws. Forfeiture would require a criminal conviction and proof by clear and convincing evidence, with limited exceptions for plea agreements and certain waivers. The act sets seizure rules, pretrial hearings, discovery, property handling, and how proceeds are distributed. It also requires public reporting and auditing to increase transparency about seizures, forfeitures, and how proceeds are used.

Who It Affects

• Law enforcement agencies would have to follow the new exclusive process, report seizures and forfeitures, and allocate proceeds according to the act's rules.
• Property owners and innocent owners or other bona fide third parties would gain rights to challenge seizures, request pretrial replevin, and potentially recover property if they prove innocence.
• Criminal defendants would face forfeiture only after conviction and would have protections and procedures, including possible waivers in certain situations.
• Security interest holders would be protected: bona fide secured interests are not forfeitable up to their value, and the state must prove knowledge if the interest is contested.
• Victims and the public would benefit from restitution provisions and expanded public reporting on seizures and forfeitures.
• Federal joint operations and funding: agencies cannot automatically transfer seized property to the federal government for forfeiture and must follow reporting rules for joint efforts; proceeds sharing is regulated.

Key Provisions

• Establishes the Alabama FAIR Act as the exclusive process for asset forfeiture and repeals conflicting existing forfeiture laws (Sec. 27).
• Purpose measures to deter crime, increase economic loss to criminals, protect against wrongful forfeiture, and ensure criminal forfeiture is the only allowed process (Sec. 2).
• Defines key terms such as innocent owner, instrumentality, contraband, conveyance, and proceeds to guide how forfeiture applies (Sec. 3).
• Criminal forfeiture rules allow the state to forfeit proceeds, property directly traceable to proceeds, and instrumentalities used in the crime (Sec. 4).
• Contraband has no protected property right and is not subject to this forfeiture act (Sec. 5).
• Conviction required with clear and convincing evidence; exceptions for plea agreements and certain waivers (Sec. 6).
• Seizure procedures include ex parte orders for attachment and rules for seizure of real property requiring notice and a hearing (Secs. 10-12).
• Pretrial replevin hearings determine whether seized property should be returned to claimants (Sec. 15).
• Secured interests are protected; property encumbered by a genuine security interest is not forfeitable up to the value of the interest (Sec. 19).
• Third-party and innocent-owner claims are supported with hearings and burdens of proof to determine rightful ownership (Sec. 20).
• Proportionality review allows the court to assess whether forfeiture is constitutionally excessive (Sec. 18).
• Disposition rules specify how proceeds and property are distributed, including liens payment, agency shares, and restitution to victims (Sec. 22).
• Transparency requirements mandate public reporting, case tracking, and annual audits; penalties exist for failing to report (Sec. 26).
• Repeals existing inconsistent civil forfeiture provisions and related sections (Sec. 27).
• Effective date: law takes effect after a specified period following approval (Sec. 28).

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

Subjects

Criminal Law and Procedure