SB46 Alabama 2020 Session

Summary

Primary Sponsor

Gerald H. AllenSenator

Republican

Session

Regular Session 2020

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

The bill would expand terrorism-related civil liability, allow forfeiture of property tied to terrorism, and let victims and investigators recover costs and damages from forfeited property, plus allow victims to sue terrorists for damages.

What This Bill Does

It authorizes civil forfeiture of property used in or derived from acts of terrorism. It allows a person injured by terrorism and law enforcement or private entities involved in the investigation or forfeiture process to file claims for costs or damages to be paid from forfeited property, with new filing fees. It outlines how forfeiture proceeds are allocated, prioritizing investigation costs and injury judgments, and it also allows victims to sue terrorists for damages, including punitive damages, with a five-year limit to claims related to forfeited property. It protects innocent owners and sets definitions for what counts as an act of terrorism and specified offenses.

Who It Affects

• Injured terrorism victims and their heirs or estates, who may file claims for costs or damages and sue terrorists for damages (including punitive damages) with judgments potentially satisfied from forfeited property.
• Law enforcement agencies, governmental entities, and private entities involved in investigating, seizing, or forfeiting property tied to terrorism, who may claim investigation costs and share in forfeiture proceeds.

Key Provisions

• Creates civil forfeiture of all property used in, intended for use in, or derived from an act of terrorism.
• Allows injured victims, law enforcement, and private entities involved in the process to file claims for costs or damages to be paid from forfeited property.
• Imposes new filing fees based on the amount in controversy and directs these fees to the Presiding Circuit Judge's Judicial Administration Fund.
• Distributes forfeiture proceeds with priority given to satisfying injury judgments, then paying investigation costs to the responsible agencies, then to the prosecuting attorney, and finally to other costs of mitigation/seizure/forfeiture; includes pro rata rules and prioritization among agencies.
• Provides a five-year limitation period for asserting claims against forfeited property and protects the rights of factually innocent owners.
• Defines act of terrorism and specified offenses to scope the law's reach.
• Allows victims to bring civil actions for damages against terrorists, including punitive damages (at least three times actual damages) and attorney's fees, with satisfaction of judgments potentially through forfeiture.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses