SB253 Alabama 2019 Session

Summary

Primary Sponsor

Gerald H. AllenSenator

Republican

Session

Regular Session 2019

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

SB 253 would broaden civil liability and forfeiture related to terrorism, allowing victims and investigators to seek damages from forfeited property and outlining how forfeiture proceeds are distributed.

What This Bill Does

The bill allows for forfeiture of property used in or derived from terrorism. It lets injured persons and law enforcement or private entities involved in terrorism investigations file claims for costs or damages to be paid from forfeited property, and it adds filing fees whose proceeds go to a judicial fund. It also creates a priority order for distributing forfeiture proceeds, adds a five-year limit to file claims, and authorizes affected victims to sue perpetrators for damages including punitive damages and attorney’s fees.

Who It Affects

• People injured by acts of terrorism (and their estates/heirs) who could sue for damages and recover additional penalties and legal fees.
• Law enforcement agencies and private entities involved in terrorism investigations or forfeiture processes who may file claims for costs and receive distributions of forfeiture proceeds.

Key Provisions

• Civil forfeiture: All property used in, intended for use in, or derived from an act of terrorism can be forfeited to the state or a private entity.
• Claims for costs/damages: injured persons and involved agencies/entities may file claims to be paid from forfeited property for costs or damages.
• Filing fees: New additional filing fees based on the amount in controversy; fees go to the Presiding Circuit Judge's Judicial Administration Fund.
• Distribution of proceeds: Proceeds are allocated first to satisfy judgments for victims, then to pay investigation costs to the agency/entity that conducted the investigation (with pro rata adjustments if multiple agencies), then to the prosecuting attorney's office, with remaining funds supporting costs of mitigation/seizure/forfeiture.
• Limitation period: Claims against forfeited property must be filed within five years from discovery of the violation.
• Damages for victims: Injured individuals may sue offenders for damages, including punitive damages (at least three times actual damages) and attorney’s fees if they prevail.
• Innocent owners and interests: Rights of factually innocent persons are preserved; liens and security interests are not forfeited unless the violator acted with knowledge and consent.
• Definitions: Clarifies what constitutes an act of terrorism and the associated specified offenses.
• Effective date: The act would take effect 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

Crimes and Offenses