HB 394 Summary

• Establishes the Alabama Criminal Forfeiture Process Act, ending civil forfeiture for drug offenses and replacing it with criminal forfeiture tied to convictions.

• Requires criminal forfeiture only after proof of conviction for drug offenses under Alabama Code Article 5, Section 13A-12-201 et seq., with limited exceptions (defendant death, deportation, flight, or property abandonment).

• Protects innocent owners, secured interest holders, and creditors by providing for prompt post-seizure hearings, notice requirements, and return of property with attorney fee awards when claimants recover 50 percent or more of seized value.

• Exempts homestead real property, U.S. currency totaling $100 or less, and motor vehicles valued under $1,000 from seizure; establishes $5,000 minimum for federal adoption of state seizures.

• Requires forfeited proceeds to be used for victim restitution, satisfaction of liens and mortgages, property maintenance costs, law enforcement agency reimbursement, and remaining funds remitted to the State General Fund.