HB394 Alabama 2021 Session

Summary

Primary Sponsor

Andrew SorrellAuditor

Republican

Co-Sponsors

Mike BallBarbara Bigsby BoydAnthony DanielsWill DismukesBob FincherDanny GarrettJeremy GrayLaura HallTommy HanesRolanda HollisKelvin LawrenceNeil RaffertyConnie C. RoweRod ScottRitchie Whorton

Session

Regular Session 2021

Title

Criminal procedure, asset forfeiture for drug offenses provided, Alabama Criminal Forfeiture Process Act, Secs. 20-2-93 repealed

Description

Under existing law, seizure involves the state taking possession of property suspected of being involved in an unlawful act. Forfeiture, which occurs after seizure, is the litigation in which the state takes final title to seized property.

Under existing law, certain property is subject to seizure and then civil forfeiture when used in the commission of certain unlawful acts or is the proceeds of those acts.

Civil forfeiture of property is a civil process that is independent of the criminal prosecution of any person. Property subject to civil forfeiture is forfeited to the state and sold, destroyed, or disposed of in a proper manner.

Also under existing law, all property seized by a state, county, or municipal law enforcement agency for forfeiture in connection with a criminal event is required to be reported to the uniform crime reporting system operated by the Alabama State Law Enforcement Agency.

This bill would establish the Alabama Criminal Forfeiture Process Act. The bill would end civil forfeiture for criminal drug offenses and replace it with criminal forfeiture to unify the criminal prosecution and forfeiture litigation into one process.

The bill would also authorize criminal forfeiture only after proof of a conviction of criminal drug offenses, with exceptions.

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Subjects

Criminal Law and Procedure