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AL SB210

Bill

Status

Passed

5/17/2021

Primary Sponsor

Arthur Orr

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Origin

Senate

Regular Session 2021

AI Summary

SB210 Summary

  • Amends Alabama Code Section 20-2-93 to establish comprehensive procedures for seizure and forfeiture of property related to drug-related offenses, including controlled substances, equipment, vehicles, and proceeds from illegal drug transactions.

  • Requires law enforcement to obtain a seizure order within 7 business days of seizure and present it to the prosecuting authority within 14 days; establishes 90-day deadline for filing forfeiture action or property must be returned to owner.

  • Prohibits forfeiture of innocent owners' interests unless state proves by preponderance of evidence the owner had knowledge or consent of the criminal activity; allows innocent owners to petition for hearing at any time after seizure.

  • Establishes exemptions from seizure including currency totaling $250 or less and motor vehicles valued under $5,000; allows district attorneys to increase these minimum amounts within their judicial circuits.

  • Restricts federal adoption of seized property to cases involving currency exceeding $10,000; prohibits state and local agencies from accepting federal forfeiture proceeds if they violate this restriction.

Legislative Description

Criminal procedure, asset forfeiture for drug offenses provided, Secs. 20-2-93 am'd.

Criminal Law and Procedure

Last Action

Assigned Act No. 2021-497 on 05/25/2021.

5/17/2021

Committee Referrals

State Government4/20/2021
Judiciary2/9/2021

Full Bill Text

No bill text available