SB329 Summary

• Creates the Alabama Comprehensive Criminal Proceeds Forfeiture Act to streamline forfeiture of property acquired directly or indirectly through criminal offenses, including proceeds and instrumentalities used in connection with crimes.

• Authorizes seizure of property without court process in limited circumstances including arrests, searches, when property poses health/safety danger, or when used in violation of criminal law; requires civil forfeiture proceedings be filed within 42 days of seizure.

• Permits law enforcement agencies to retain forfeited property for official use, sell non-contraband items (except firearms), donate to other agencies, or require proper disposition; proceeds from sales first pay expenses, then distribute remaining funds to participating agencies by court order.

• Prohibits sale of firearms, pistols, shotguns, or rifles seized in forfeiture actions; allows court to order destruction or law enforcement use only.

• Protects owner and lienholder interests by requiring state to prove knowledge/consent for real property forfeiture, while shifting burden to owners to prove lack of knowledge for personal property; waives court costs and filing fees for state-filed forfeiture actions.