SB 7

Session
Regular Session 2018
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
Description

Relating to acts of terrorism, to provide for expanded civil liability for injuries resulting from acts of terrorism; to provide for the forfeiture of all property used in the course of, or derived from, an act of terrorism; to authorize a person injured by an act of terrorism and certain law enforcement agencies or private entities to file a claim for costs or damages to be satisfied from forfeited property; to provide for additional fees; to provide for distribution of the fees; to provide for the allocation of proceeds from a forfeiture and disposition; to provide a limitation period for asserting a claim against forfeited property; to authorize a person injured by an act of terrorism to file an action for damages against a person committing an act of terrorism; and to provide for damages.

Subjects
Crimes and Offenses
View Original PDF: SB 7 - Engrossed - PDF

Relating to acts of terrorism, to provide for expanded civil liability for injuries resulting from acts of terrorism; to provide for the forfeiture of all property used in the course of, or derived from, an act of terrorism; to authorize a person injured by an act of terrorism and certain law enforcement agencies or private entities to file a claim for costs or damages to be satisfied from forfeited property; to provide for additional fees; to provide for distribution of the fees; to provide for the allocation of proceeds from a forfeiture and disposition; to provide a limitation period for asserting a claim against forfeited property; to authorize a person injured by an act of terrorism to file an action for damages against a person committing an act of terrorism; and to provide for damages.

Section 1

(a) Notwithstanding any other law, all property, including money, used in the course of, intended for use in the course of, derived from, or realized through conduct in violation of Article 7, Chapter 10, Title 13A, Code of Alabama 1975, is subject to civil forfeiture to the state or a private entity. (b)(1) A person injured as a result of a criminal offense under Article 7, Chapter 10, Title 13A, Code of Alabama 1975, a private entity, and a law enforcement agency or other governmental agency that participated in the investigation, mitigation, seizure, or forfeiture process for a criminal offense under Article 7, Chapter 10, Title 13A, Code of Alabama 1975, may file a claim with the Alabama Board of Adjustment or a court of competent jurisdiction for costs or damages, and the property described in subsection (a) shall be used to satisfy any costs or damages awarded for the claim. (2) In addition to any filing or other fee required under Section 12-19-71, Code of Alabama 1975, or any other law, a person initiating an action under subdivision (1) shall pay the following additional fees upon the filing of the action: a. For cases in which the amount in controversy, exclusive of interest, costs, and attorney's fees, is anticipated to be less than one hundred thousand dollars ($100,000): One hundred dollars ($100). b. For cases in which the amount in controversy, exclusive of interest, costs, and attorney's fees, is anticipated to be at least one hundred thousand dollars ($100,000), but less than two hundred fifty thousand dollars ($250,000): Two hundred dollars ($200). c. For cases in which the amount in controversy, exclusive of interest, costs, and attorney's fees, is anticipated to be at least two hundred fifty thousand dollars ($250,000), but is less than five hundred thousand dollars ($500,000): Three hundred dollars ($300). d. For cases in which the amount in controversy, exclusive of interest, costs, and attorney's fees, is anticipated to be five hundred thousand dollars ($500,000) or more: Four hundred dollars ($400). (3) The additional fees collected under subdivision (2) shall be distributed to the Presiding Circuit Judge's Judicial Administration Fund established in Section 12-19-310, Code of Alabama 1975, and such funds shall be used as provided in subsection (e) of Section 12-19-310, Code of Alabama 1975. (c)(1) A forfeiture or disposition under this section shall not affect the rights of a factually innocent person. (2) A mortgage, lien, privilege, or other security interest, ownership, or joint ownership interest shall not be affected by a forfeiture or other disposition under this act unless the state, person, or private entity proves that the violation of Article 7, Chapter 10, Title 13A, Code of Alabama 1975, was committed with the knowledge and consent of each person or entity against which the forfeiture or other disposition is sought to be enforced. (d) The allocation of proceeds from a forfeiture and disposition under this section shall be paid to claimants under subsection (b) in the following order: (1) The cost to satisfy any judgments under Section for persons injured as a result of the criminal offense under Article 7, Chapter 10, Title 13A, Code of Alabama 1975. (2)a. The costs of investigation shall be paid to the law enforcement agency, the governmental agency, or private entity that conducted the investigation. b. If more than one law enforcement agency equally conducted the investigation, the costs of investigation shall be paid equally to the law enforcement agencies or entities conducting the investigation. c. If one law enforcement agency or private entity primarily conducted the investigation, the costs of investigation first shall be paid to that law enforcement agency and actual vouchered costs shall be reimbursed on a pro rata basis to the other law enforcement agencies participating in the investigation, not to exceed 10 percent of the costs of investigation allocated to the primary law enforcement agency. (3) A reasonable amount, as agreed between the parties, of the proceeds plus the costs of prosecution or all of the remaining proceeds shall be paid to the prosecuting attorney's office. (4) The costs of investigation shall be paid on a pro rata basis to a law enforcement agency that was not fully reimbursed under paragraph c. of subdivision (1) of this subsection. (5) Any remaining proceeds shall be paid on a pro rata basis to cover the costs of mitigation, seizure, or forfeiture to a law enforcement agency that participated in the mitigation, seizure, or forfeiture process. (e)(1) Property subject to forfeiture under this section may be seized by a law enforcement officer upon the issuance of a court order. (2) Seizure without a court order may be made if either of the following is satisfied: a. The seizure is incident to a lawful arrest or search. b. The property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding based on this section. (3)a. A forfeiture action resulting from a seizure under this subsection shall be instituted promptly. b. Property taken or detained under this section is not subject to sequestration or attachment but is deemed to be in the custody of the law enforcement agency making the seizure, subject only to the order of the court. c. When property is seized under this section, pending forfeiture and final disposition, the law enforcement agency making the seizure may do any of the following: 1. Place the property under seal. 2. Remove the property to a place designated by the court. 3. Request another agency authorized by law to take custody of the property and remove it to an appropriate location. (f) The limitation period for a claim brought under this section is five years from the date of the discovery of the violation of Article 7, Chapter 10, Title 13A, Code of Alabama 1975.

Section 2

(a) A person injured in his or her person, property, or business by reason of a criminal offense under Article 7, Chapter 10, Title 13A, Code of Alabama 1975, or his or her estate, survivors, or heirs, may file an action for damages in circuit court against the person who committed the act of terrorism. (b) In addition to actual damages, a person who files an action under this section may recover punitive damages, which in no case shall be less than three times the actual damages sustained. The burden of proof shall be a preponderance of the evidence. A person shall also be entitled to attorney's fees in the trial and appellate courts if the person prevails in the claim. The rights and remedies provided by this section are in addition to any other rights and remedies provided by law. (c) A person who receives a judgment under this section may seek satisfaction of the judgment under Section 1.

Section 3

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

No articles found.
Action Date Chamber Action
March 22, 2018HJudiciary first Substitute Offered
March 22, 2018HPending third reading on day 24 Favorable from Judiciary with 1 substitute
March 22, 2018HRead for the second time and placed on the calendar with 1 substitute and
February 1, 2018HRead for the first time and referred to the House of Representatives committee on Judiciary
February 1, 2018SEngrossed
January 30, 2018SMotion to Read a Third Time and Pass adopted Roll Call 212
January 30, 2018SSanders motion to Adopt adopted Roll Call 211
January 30, 2018SSanders Amendment Offered
January 30, 2018SAllen motion to Adopt adopted Roll Call 210
January 30, 2018SAllen Amendment Offered
January 30, 2018SThird Reading Passed
January 25, 2018SAllen motion to Carry Over to the Call of the Chair adopted Voice Vote
January 25, 2018SAllen Amendment Offered
January 25, 2018SAllen motion to Adopt adopted Roll Call 156
January 25, 2018SJudiciary Amendment Offered
January 25, 2018SThird Reading Carried Over to Call of the Chair
January 18, 2018SReported from Judiciary as Favorable with 1 amendment
January 9, 2018SRead for the first time and referred to the Senate committee on Judiciary
2018-01-30
Chamber: Senate
Result: Passed
2018-01-30
Chamber: Senate
Result: Passed
2018-01-30
Chamber: Senate
Result: Passed
2018-01-25
Chamber: Senate
Result: Passed