SB210 Alabama 2021 Session

Summary

Primary Sponsor

Arthur OrrSenator

Republican

Co-Sponsors

Greg AlbrittonChris ElliottBobby D. SingletonRodger SmithermanTom Whatley

Session

Regular Session 2021

Title

Criminal procedure, asset forfeiture for drug offenses provided, Alabama Criminal Forfeiture Process Act, Secs. 20-2-93 repealed

Summary

SB210 updates Alabama's drug-related asset forfeiture law to broaden seizure authority, detail procedures, and strengthen protections for innocent owners.

What This Bill Does

It amends Section 20-2-93 to expand what property can be seized and forfeited in drug cases and to define key terms. It sets procedural steps for seizures and forfeitures, including seizure orders, inventories, and court review, with standards of proof and specific timelines. It provides protections for innocent owners and lienholders, requiring proof of knowledge or consent and allowing challenges or exemptions. It outlines how proceeds from forfeited property can be used and distributed and restricts federal transfers, with an effective date of January 1, 2022.

Who It Affects

• Law enforcement agencies and prosecutors: gain expanded authority to seize property tied to drug offenses and to keep or share proceeds, with new rules to inventory and document seizures.
• Innocent owners, lienholders, and other property interests: receive protections against improper forfeiture, with requirements to show lack of knowledge/consent and options to recover or exempt their interests.

Key Provisions

• Defines key terms for forfeiture (chargeable criminal offense, contraband, forfeiture action, innocent owner, etc.) and lists property and proceeds that may be forfeited in drug cases.
• Exempts certain property from forfeiture (US currency up to $250; motor vehicles valued under $5,000) and lets the Attorney General advise on vehicle value; district attorneys can raise minimum seizure amounts within their circuit.
• Requires probable cause for seizures and establishes a civil in rem forfeiture process in circuit court, with seizure orders, inventories, notice, court filing, and a preponderance-of-evidence standard.
• Protects innocent owners and bona fide lienholders, allowing challenges or exemptions unless they knew or consented to the illegal use; allows certain claims to be exempted from forfeiture.
• Specifies how forfeited property and sale proceeds may be used and distributed, with costs paid first and remaining proceeds allocated among participating agencies based on their involvement; some proceeds go to the agencies' general funds.
• Restricts transfers to federal forfeiture actions (except for large cash deposits over $10,000) and prohibits accepting federal forfeiture proceeds if Alabama law is violated; requires funds to go to the State General Fund when applicable.
• Effective date: January 1, 2022.

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

Subjects

Criminal Law and Procedure