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AL HB120

Bill

Status

Introduced

2/4/2020

Primary Sponsor

Andrew Sorrell

Click for details

Origin

House of Representatives

Regular Session 2020

AI Summary

HB120 Summary: Alabama Forfeiture Accountability and Integrity Reform Act

  • 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.

  • 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.

  • 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.

  • 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.

  • 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criminal procedure, Alabama Forfeiture Accountability and Integrity Reform Act, Secs. 13A-8-117, 13A-11-37, 20-2-93 repealed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

Committee Referrals

State Government2/4/2020

Full Bill Text

No bill text available