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procedure, asset forfeiture for drug offenses provided, Alabama Criminal Forfeiture Process Act, Secs. 20-2-93 repealed

Summary

HB394 creates the Alabama Criminal Forfeiture Process Act, ending civil forfeiture in drug cases and tying forfeiture to a conviction in a unified process.

What This Bill Does

The bill replaces civil forfeiture with criminal forfeiture that is part of the criminal case and generally requires a conviction before forfeiture, with limited exceptions. It defines key terms, sets seizure rules (including when real property requires a court order), and outlines hearings, notices, and due process protections for owners and third parties. It also specifies how proceeds and property are distributed, how costs are handled, and how innocent owners and secured creditors are protected. The act repeals the prior civil-forfeiture framework and establishes procedural and substantive safeguards throughout the forfeiture process.

Who It Affects

• Property owners, innocent owners, lienholders, and other interested claimants who may have property forfeited and must navigate notices, hearings, and potential return or compensation under the new process.
• Law enforcement agencies and prosecuting authorities who carry out seizures, pursue criminal forfeiture, issue notices, conduct hearings, and manage the distribution of forfeiture proceeds.

Key Provisions

• End civil forfeiture for criminal drug offenses and replace it with criminal forfeiture that is unified with the related criminal proceeding.
• Forfeiture is generally available only after conviction for a drug offense, with limited post-seizure exceptions where the court can waive the conviction requirement (e.g., death, deportation, defendant flees, abandonment). Forfeiture must be supported by clear and convincing evidence that the property is an instrumentality of or proceeds from the crime.
• Seizure rules distinguish personal property (which can be seized with or without process under certain conditions) from real property (which requires a court order and proper notice). Exemptions include homestead real property, US currency $100 or less, and motor vehicles under $1,000 in value (with the prosecutor allowed to adjust amounts by jurisdiction).
• Notice to other owners and prompt post-seizure hearings are required; innocent owners and secured creditors have specific protections, including potential summary return of eligible property and timelines for hearings.
• Innocent owners and secured interest holders have procedures to challenge forfeiture, require proof of valid interests, and, if the state fails to prove its case, must have title returned; certain costs, attorney fees, and restitution provisions apply if claimants prevail.
• Proceeds and non-currency property are distributed for purposes such as victim restitution, satisfying liens, paying costs, and remitting remaining funds to the State General Fund; title to forfeited property generally vests in the state upon judgment but remains subject to valid claims.
• The act repeals the previous forfeiture statute (Section 20-2-93) and becomes effective after passage, with related procedures for handling notices, appeals, and other aspects of forfeiture.

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