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  1. Bama Politics
  2. Alabama
  3. Alabama House & Senate Bills
  4. 2021 Alabama Legislative Regular Session
  5. 2021 Alabama House Bills
  6. HB394 Alabama 2021 Session
Tuscaloosa, AL holds municipal elections March 2, 2021. Click here to view the elections and the candidates running.

HB394 Alabama 2021 Session

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In Committee
Contents hide
  • 1 Bill Summary
  • 2 Bill Actions
  • 3 Bill Text
  • 4 Bill Documents

Bill Summary

Sponsors
  • Andrew Sorrell
  • Mike Ball
  • Barbara Bigsby Boyd
  • Anthony Daniels
  • Will Dismukes
  • Bob Fincher
  • Danny Garrett
  • Jeremy Gray
  • Laura Hall
  • Tommy Hanes
  • Rolanda Hollis
  • Kelvin Lawrence
  • Neil Rafferty
  • Connie C. Rowe
  • Rod Scott
  • Ritchie 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Criminal procedure, asset forfeiture for drug offenses provided, Alabama Criminal Forfeiture Process Act, Secs. 20-2-93 repealed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

Relating to asset forfeitures; to provide a procedure for criminal asset forfeiture for drug offenses; and to repeal Section 20-2-93, Code of Alabama 1975.

Subjects
Criminal Law and Procedure

Bill Actions

Action Date Chamber Action
February 11, 2021 H Rereferred from Judy to SG
February 10, 2021 H Read for the first time and referred to the House of Representatives committee on Judiciary

Bill Text

Download HB394 Alabama 2021 Session PDF

Bill Documents

Type Link
Bill Text HB394 Alabama 2021 Session - Introduced
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