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AL SB21
Bill
Status
4/26/2016
Primary Sponsor
Gerald Allen
Click for details
AI Summary
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Property used in, intended for use in, derived from, or obtained through terrorism violations under Article 7, Chapter 10, Title 13A of Alabama Code is subject to civil forfeiture to the state or private entity.
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Persons injured by terrorism and law enforcement agencies that participated in investigation, mitigation, seizure, or forfeiture may file a claim with the Alabama Board of Adjustment for costs or damages to be satisfied from forfeited property.
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Forfeiture proceeds are allocated in priority order: investigation costs first, then 25% of remaining proceeds (or prosecution costs, whichever is less) to the prosecuting attorney, followed by mitigation and seizure costs, with remaining proceeds distributed to satisfy judgments for injured persons.
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Injured persons or their heirs may file a civil action in circuit court for three times actual damages or $10,000 (whichever is greater) plus attorney's fees, with a five-year limitation period from discovery of the violation.
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Both forfeiture claims and civil actions have a five-year limitation period from discovery of the terrorism violation, and seized property may only be seized with a court order or incident to lawful arrest or search.
Legislative Description
Terrorism, forfeiture of property derived from, authorization of claims by injured parties and law enforcement, allocation of proceeds from forfeiture, civil action for damages, limitations
Crimes and Offenses
Last Action
Read for the first time and referred to the House of Representatives committee on Judiciary
4/26/2016