HB75 Summary

• Creates the Alabama Comprehensive Criminal Proceeds Forfeiture Act to streamline seizure and forfeiture of property acquired directly or indirectly through criminal offenses and proceeds derived from criminal activity.

• Establishes procedures for law enforcement agencies to seize property subject to forfeiture and requires civil in rem proceedings to be filed within 42 days of seizure unless good cause is shown for delay.

• Authorizes law enforcement to retain forfeited property for official use, sell non-firearm property, donate it to other agencies, or dispose of it according to law, with sale proceeds first covering expenses then distributed to participating agencies and prosecutors.

• Prohibits sale of firearms, pistols, shotguns, or rifles seized in criminal cases; courts may order such weapons destroyed or used for law enforcement purposes only.

• Protects owners' and bona fide lienholders' interests in real property and fixtures from forfeiture unless the state proves they had knowledge or consent of the offense, with different standards applied to other personal property.