HB287 Summary

• Establishes the Alabama Forfeiture Accountability and Integrity Reform (FAIR) Act as the exclusive process for asset forfeitures in Alabama, requiring criminal conviction by clear and convincing evidence before property forfeiture.

• Allows forfeiture of proceeds, property traceable to proceeds, and instrumentalities used in felony offenses, with contraband subject to seizure but not forfeiture under this act.

• Protects innocent owners and third parties through pretrial replevin hearings, proportionality hearings to challenge excessive forfeitures, and secured interest holders through exemptions from forfeiture.

• Prohibits adoption of state-seized property by federal agencies without meeting the $100,000 threshold and mandates comprehensive public reporting and tracking of all seizures, forfeitures, and expenditures of proceeds.

• Repeals prior forfeiture statutes (Sections 20-2-93, 13A-8-117, 13A-11-37, and Article 4 of Chapter 5 of Title 15) and takes effect three months after passage.