SB46 Summary

• Property used in, intended for, or derived from acts of terrorism under Article 7, Chapter 10, Title 13A is subject to civil forfeiture to the state or private entity.

• Persons injured by terrorism offenses, private entities, and law enforcement agencies involved in investigation, prosecution, mitigation, seizure, or forfeiture may file claims for costs or damages satisfied from forfeited property, with additional filing fees of $100-$400 based on amount in controversy.

• Forfeiture proceeds are allocated in order: victim judgments, investigation costs, prosecution costs, and remaining costs for mitigation and seizure; investigation expenses must be paid first with pro rata distribution to participating agencies.

• Persons injured by terrorism offenses may file civil actions for damages against perpetrators, recovering actual damages plus punitive damages of at least three times actual damages, plus attorney's fees if they prevail; burden of proof is preponderance of evidence.

• Claims against forfeited property must be brought within five years from discovery of the terrorism violation; rights of factually innocent persons are protected, and security interests require knowledge and consent of all parties to be forfeited.