HB120 Alabama 2020 Session

Summary

Primary Sponsor

Andrew SorrellAuditor

Republican

Session

Regular Session 2020

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criminal procedure, Alabama Forfeiture Accountability and Integrity Reform Act, Secs. 13A-8-117, 13A-11-37, 20-2-93 repealed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 120 creates a new, exclusive Alabama asset forfeiture system (the FAIR Act) that generally requires criminal conviction before forfeiture and repeals older, conflicting forfeiture laws.

What This Bill Does

It establishes the Alabama Forfeiture Accountability and Integrity Reform Act as the sole process for state asset forfeitures and limits forfeiture to cases with a criminal conviction for a qualifying offense, with defined exceptions. It defines key terms, sets rules for seizures (with or without court orders), pretrial replevin hearings, and third-party claims, and requires a single post-trial forfeiture action. It also specifies how seized property and proceeds are handled and distributed, imposes protections for innocent owners and other claimants, and includes mechanisms to review proportionality and appeal forfeiture decisions. It repeals several existing forfeiture provisions to ensure a unified system and sets the act’s effective date.

Who It Affects

• Defendants and property owners (including innocent owners, lienholders, and other third parties) who may be affected by forfeiture decisions and must prove their interests or innocence under the new rules.
• Law enforcement agencies, prosecutors, and the state who administer seizures, pursue forfeitures, receive proceeds, and must follow the new procedures and restrictions on retention and distribution of assets.

Key Provisions

• Establishes the Alabama FAIR Act as the exclusive process for asset forfeitures and repeals inconsistent existing forfeiture provisions and related sections.
• Forfeiture generally requires proof of a criminal conviction for a state felony subject to forfeiture, with exceptions including death, deportation, granted immunity, defendant fleeing, or abandonment of property; conviction may be waived in defined circumstances with clear and convincing evidence.
• Defines key terms such as instrumentality, innocent owner, and proceeds to guide who can be affected and how ownership is determined.
• Sets seizure rules, including preliminary orders, ex parte seizures under certain conditions, and court-ordered seizures for real property with notice and hearing; requires receipts for seized property and allows pretrial replevin hearings for claimants.
• Creates procedures for third-party and innocent-owner claims, including burdens of proof, hearings, and timelines to determine rightful interest in seized property.
• Outlines disposition of property and proceeds, prioritizing liens and expenses, with pro rata or equitable distribution to agencies and victims; prohibits agencies from retaining non-currency forfeited property for their own use.
• Imposes proportionality review and considers factors such as seriousness of offense and impact on the community; enables appeals and preserves some remedies for injured parties.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Criminal Law and Procedure