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AL HB120
Bill
Status
2/4/2020
Primary Sponsor
Andrew Sorrell
Click for details
AI Summary
HB120 Summary: Alabama Forfeiture Accountability and Integrity Reform Act
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Establishes criminal forfeiture as the exclusive asset forfeiture process in Alabama, requiring proof of conviction for most forfeitures with limited exceptions for defendant death, deportation, immunity grants, fleeing jurisdiction, or abandoned property.
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Courts may order forfeiture of proceeds from crimes, property traceable to criminal proceeds, and instrumentalities used in committing felonies subject to forfeiture, with clear and convincing evidence standard.
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Prohibits seizure of currency, debit cards, or credit cards based solely on possession without other evidence of criminal activity; requires court orders for real property seizure with notice and hearing.
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Allows innocent owners and third parties to claim seized property through petition hearings within 90 days of conviction, with courts ruling within 14 days and burden on claimants to prove legal interest by clear and convincing evidence.
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Restricts law enforcement agencies from retaining forfeited property for personal use and prohibits accepting federal forfeiture proceeds unless aggregate net equity exceeds $100,000; repeals prior civil forfeiture statutes to establish single exclusive forfeiture framework.
Legislative Description
Asset forfeitures, criminal procedure, Alabama Forfeiture Accountability and Integrity Reform Act, Secs. 13A-8-117, 13A-11-37, 20-2-93 repealed
Criminal Law and Procedure
Last Action
Read for the first time and referred to the House of Representatives committee on State Government
2/4/2020