1 SB213

2 189610-1

3 By Senators Orr, Smitherman, Beasley, Dunn, Sanford, Ward and

4 Whatley

5 RFD: Finance and Taxation Education

6 First Read: 23-JAN-18

Page 0
1 189610-1:n:01/22/2018:CMH/cr LSA2018-45

8 SYNOPSIS: This bill would provide for the Alabama

9 Forfeiture Accountability and Integrity Reform Act

10 and would set out the exclusive process for asset

11 forfeitures in the state.

12

13 A BILL

14 TO BE ENTITLED

15 AN ACT

16

17 Relating to asset forfeitures; to establish the

18 exclusive process for asset forfeitures in the state and to

19 repeal Section 13A-8-117, Section 13A-11-37, Article 4 of

20 Chapter 5 of Title 15, and Section 20-2-93, Code of Alabama

21 1975.

22 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

23 Section 1. Short title.

24 This act shall be known and may be cited as the

25 Alabama Forfeiture Accountability and Integrity Reform (FAIR)

26 Act.

27 Section 2. Statement of purpose.

Page 1
1 The purpose of this act is to do all of the

2 following:

3 (1) Deter criminal activity by reducing its economic

4 incentives.

5 (2) Increase the pecuniary loss from criminal

6 activity.

7 (3) Protect against the wrongful forfeiture of

8 property.

9 (4) Ensure that criminal forfeiture is the only

10 process allowed in this state.

11 Section 3. Definitions.

12 As used in this act, the following terms shall have

13 the following meanings:

14 (1) ABANDONED PROPERTY. Personal property left by an

15 owner who intentionally relinquishes all rights to its

16 control. The term does not include real property or property

17 that is disclaimed through a roadside waiver of property

18 rights.

19 (2) ACTUAL KNOWLEDGE. Direct and clear awareness of

20 information, a fact, or a condition.

21 (3) CONSTRUCTIVE KNOWLEDGE. Knowledge that is

22 imputed to an individual where the individual would have had

23 actual knowledge but for deliberate steps taken to achieve a

24 state of willful, intentional ignorance of felonious activity.

25 (4) CONTRABAND. Goods that are unlawful to possess,

26 including scheduled drugs without a valid prescription.

Page 2
1 (5) CONVEYANCE. A device used for transportation.

2 The term includes a motor vehicle, trailer, snowmobile,

3 airplane, and vessel, and any equipment attached to it. The

4 term does not include property that is stolen or taken in

5 violation of the law.

6 (6) INNOCENT OWNER. A bona fide purchaser, creditor,

7 or lienholder of property that is subject to forfeiture, who

8 proves by clear and convincing evidence that he or she is any

9 of the following:

10 a. A person who, at the time of the illegal conduct

11 giving rise to the forfeiture, has a valid claim, lien, or

12 other interest in the property subject to forfeiture.

13 b. A person who acquired an ownership interest in

14 the property subject to forfeiture after the commission of a

15 crime or delinquent act giving rise to the forfeiture.

16 c. A victim of an alleged criminal offense.

17 (7) INSTRUMENTALITY. Property otherwise lawful to

18 possess that is used in the furtherance or commission of an

19 offense of a law subject to forfeiture. The term includes

20 land, buildings, containers, conveyances, equipment,

21 materials, products, tools, computers, computer software,

22 telecommunications devices, firearms, or ammunition.

23 (8) LAW ENFORCEMENT AGENCY. Any non-federal police

24 force, or other local, county, or state agency that has the

25 authority under state law to engage in seizure and forfeiture.

26 (9) LAW SUBJECT TO FORFEITURE. Any act chargeable as

27 a felony offense under state law.

Page 3
1 (10) PROCEEDS. Money, securities, negotiable

2 instruments, or other means of exchange obtained by the sale

3 of property.

4 Section 4. Criminal Forfeiture; Property Subject to

5 Forfeiture.

6 When a person is convicted of violating a criminal

7 law subject to forfeiture, the court, consistent with this

8 act, may order the person to forfeit all of the following:

9 (1) Proceeds the person derived from the commission

10 of the crime.

11 (2) Property directly traceable to proceeds derived

12 from the commission of the crime.

13 (3) Instrumentalities the person used in the

14 commission of the crime.

15 Section 5. Contraband.

16 No property right exists in contraband. Contraband

17 is subject to seizure and shall be disposed of according to

18 state law. Contraband is not subject to forfeiture under this

19 act.

20 Section 6. Conviction Required; Standard of Proof.

21 (a) Property may be forfeited if the state proves

22 all of the following by clear and convincing evidence:

23 (1) The offense constitutes a state law felony

24 subject to forfeiture.

25 (2) The offense is established by proof of a

26 criminal conviction.

Page 4
1 (3) The property is forfeitable under Sections 4 and

2 5.

3 (b) Nothing in this section prevents property from

4 being forfeited by plea agreement approved by the presiding

5 criminal court.

6 (c) The court may waive the conviction requirement

7 if the prosecuting authority shows, upon its own motion, by

8 clear and convincing evidence that any of the following

9 occurred:

10 (1) The defendant died.

11 (2) The defendant was deported by the federal

12 government.

13 (3) The defendant is granted immunity or reduced

14 punishment for the commission of a crime subject to forfeiture

15 in exchange for testifying or assisting a law enforcement

16 investigation or prosecution.

17 (4) The defendant fled the jurisdiction after being

18 arrested, charged with a crime that subjects property to

19 forfeiture, and released on bail.

20 (5) The property subject to forfeiture is abandoned

21 property, as determined by the process required by Section

22 15-5-64, Code of Alabama 1975.

23 (d) Notwithstanding the prosecuting authority's

24 motion for a waiver of the conviction requirement, all

25 property remains subject to claims by innocent owners and

26 other third parties with a bona fide claim to the property as

27 provided by this act.

Page 5
1 Section 7. Substitution of Assets.

2 Upon the state's motion following conviction, the

3 court may order the forfeiture of substitute property owned by

4 the defendant up to the value of unreachable property that is

5 beyond the court's jurisdiction or cannot be located through

6 due diligence only if the state proves by a preponderance of

7 the evidence that the defendant intentionally transferred,

8 sold, or deposited the unreachable property with a third party

9 to avoid forfeiture.

10 Section 8. No Additional Remedies.

11 The state may not seek personal money judgments or

12 other remedies to satisfy a forfeiture award that is not

13 provided for in this act.

14 Section 9. No Joint-and-Several Liability.

15 A defendant is not jointly and severally liable for

16 forfeiture awards owed by other defendants. When ownership is

17 unclear, a court may order each defendant to forfeit property

18 on a pro rata basis or by another means the court finds

19 equitable.

20 Section 10. Seizure of Personal Property with

21 Process.

22 At the request of the state at any time, a court may

23 issue an ex parte preliminary order to attach, seize, or

24 secure personal property for which forfeiture is sought and to

25 provide for its custody, pending the determination of the

26 prosecuting authority's forfeiture request. Application,

Page 6
1 issuance, execution, and return are subject to the Alabama

2 Rules of Civil Procedure.

3 Section 11. Seizure of Personal Property without

4 Process.

5 (a) Personal property subject to forfeiture may be

6 seized, pending the determination of the prosecuting

7 authority's forfeiture request, at any time, without a court

8 order, under any of the following conditions:

9 (1) The seizure of personal property is incident to

10 a lawful arrest or a search lawfully conducted.

11 (2) The personal property subject to seizure has

12 been the subject of a prior judgment in favor of the state.

13 (3) The state has probable cause to believe that the

14 delay occasioned by the necessity to obtain process would

15 result in the removal or destruction of the personal property

16 and that the personal property is forfeitable under this act.

17 (b) Mere presence or possession of United States

18 currency, a debit card, or a credit card, without other

19 indicia of a crime that subjects the property to forfeiture,

20 is insufficient probable cause for seizure of the United

21 States currency, debit card, or credit card.

22 Section 12. Seizure of Real Property with Process.

23 (a) Real property for which forfeiture is sought

24 shall not be seized without a court order. A court may issue

25 an order to seize or secure real property, pending the

26 determination of the prosecuting authority's forfeiture

27 request, only after proper notice to property owners and an

Page 7
1 opportunity for a contested hearing to determine the

2 sufficiency of probable cause for the seizure.

3 (b) Nothing in this section prohibits the

4 prosecuting authority from seeking a lis pendens or

5 restraining order to hinder the sale or destruction of the

6 real property.

7 (c) Application, issuance, execution, and return of

8 any order are subject to the Alabama Rules of Civil Procedure.

9 Section 13. Receipt.

10 When property is seized, the law enforcement officer

11 shall give an itemized receipt to the person possessing the

12 property. In the absence of the person possessing the

13 property, the law enforcement officer shall leave a receipt in

14 the place where the property was found, if reasonably

15 possible.

16 Section 14. Title to Property.

17 (a) Title to property subject to forfeiture vests

18 with the state when a court issues a forfeiture judgment and

19 relates back to the time when the state seizes or restrains

20 the property.

21 (b) Title to substituted assets vests when the court

22 issues an order forfeiting substitute assets.

23 (c) Notwithstanding subsections (a) and (b), title

24 to the property is subject to claims by innocent owners, bona

25 fide creditors, lienholders, and other third parties

26 adjudicated under this act.

27 Section 15. Pretrial Replevin Hearing.

Page 8
1 (a) As used in this section, claimant means a

2 defendant, innocent owner, or other third party with an

3 interest in seized property.

4 (b) Following the seizure of property, a claimant

5 has a right to a pretrial hearing to determine the validity of

6 the seizure.

7 (c) Prior to 60 days before trial of the related

8 criminal offense, the claimant may claim the right to

9 possession of property by motion to the court to issue a writ

10 of replevin.

11 (d) The claimant shall file a motion establishing

12 the validity of the alleged interest in the property.

13 (e) The court shall hear the motion no more than 30

14 days after the motion is filed.

15 (f) The state shall file an answer showing probable

16 cause for the seizure, or cross motions, at least 10 days

17 before the hearing.

18 (g) Either party, by agreement or for good cause,

19 may move the court for one extension of no more than 10 days.

20 The motion may be supported by affidavits or other

21 submissions.

22 (h) The court shall decide the motion for replevin

23 within seven days of the hearing.

24 (i) The court shall issue a writ of replevin if the

25 court finds any of the following:

26 (1) It is likely the final judgment will be that the

27 state must return the property to the claimant.

Page 9
1 (2) The state has failed to prove the property is

2 reasonably required to be held for evidentiary reasons.

3 (3) The property is the only reasonable means for a

4 defendant to pay for legal representation in the forfeiture or

5 criminal proceeding. The court may order the return of funds

6 or property sufficient to obtain counsel of choice but less

7 than the total amount seized.

8 (j) In lieu of ordering the issuance of the writ,

9 the court may order the state to give security or written

10 assurance for satisfaction of any judgment, including damages,

11 that may be rendered in the action, or order other relief as

12 may be just.

13 Section 16. Discovery.

14 (a) Discovery concerning the forfeiture by a

15 defendant is subject to the Alabama Rules of Criminal

16 Procedure.

17 (b) Discovery concerning the forfeiture by an

18 innocent owner or other third party is subject to the Alabama

19 Rules of Civil Procedure.

20 Section 17. Trial Proceedings.

21 (a) The litigation related to the forfeiture of

22 property shall be held in a single proceeding following the

23 trial of the related alleged offense. The trial judge shall

24 make all findings of fact for any litigation associated with

25 the forfeiture of property of less than ten thousand dollars

26 ($10,000) in value. Nothing in this act provides a right to a

27 jury trial for any litigation associated with the forfeiture

Page 10
1 of property of less than ten thousand dollars ($10,000) in

2 value.

3 (b) Within 30 days of the seizure of property or

4 simultaneously upon filing a related criminal indictment, the

5 state shall file a forfeiture charge that shall include all of

6 the following:

7 (1) A description of the property seized and its

8 approximate value.

9 (2) The date and place of seizure of the property.

10 (3) The name and address of the law enforcement

11 agency making the seizure.

12 (4) The specific legal and factual grounds for the

13 seizure.

14 (5) Whether the property was seized pursuant to an

15 order of seizure, and if the property was seized without an

16 order of seizure, an affidavit from a law enforcement officer

17 stating the legal and factual grounds why an order of seizure

18 was not required.

19 (6) The names of persons known to the state who may

20 claim an interest in the property and the basis for each

21 person's alleged interest.

22 (c) The charging document shall be served upon the

23 defendant, the person from whom the property was seized, the

24 person's attorney of record, and all persons known or

25 reasonably believed to have an interest in the property,

26 including innocent owners and other third parties.

27 Section 18. Proportionality Hearing.

Page 11
1 (a) At any time following determination of

2 forfeiture by the trier of fact, the defendant may petition

3 the court to determine whether the forfeiture is

4 unconstitutionally excessive under the Constitution of Alabama

5 of 1901 or the United States Constitution.

6 (b) The defendant has the burden of establishing the

7 forfeiture is grossly disproportional to the seriousness of

8 the offense by a preponderance of the evidence at a hearing

9 conducted by the court without a jury.

10 (c) In determining whether the forfeiture of

11 property is unconstitutionally excessive, the court shall

12 consider all relevant factors, including all of the following:

13 (1) The seriousness of the offense and its impact on

14 the community, including the duration of the activity and the

15 harm caused by the defendant.

16 (2) The extent to which the defendant participated

17 in the offense.

18 (3) The extent to which the property was used in

19 committing the offense.

20 (4) The sentence imposed for committing the crime

21 subject to forfeiture.

22 (5) Whether the offense was completed or attempted.

23 (d) In determining the value of the property subject

24 to forfeiture, the court shall consider all relevant factors,

25 including all of the following:

26 (1) The fair market value of the property.

Page 12
1 (2) The value of the property to the defendant,

2 including hardship to the defendant if the forfeiture is

3 realized and if the forfeiture would deprive the property

4 owner of his or her livelihood.

5 (3) The hardship from the loss of a primary

6 residence, motor vehicle, or other property to the defendant's

7 family members or others if the property is forfeited.

8 (e) The court may not consider the value of the

9 property to the state in determining whether the forfeiture of

10 an instrumentality is constitutionally excessive.

11 Section 19. Secured Interest.

12 (a) Except as otherwise provided in this section,

13 property encumbered by a bona fide security interest is not

14 subject to forfeiture. A person claiming a security interest

15 must establish by a preponderance of the evidence the validity

16 of the interest perfected under Article 9A of Title 7 of the

17 Code of Alabama 1975, or a lease or rental agreement.

18 (b) The prosecuting authority shall summarily return

19 seized property to the person with the bona fide security

20 interest, up to the value of the secured interest.

21 (c) If the person alleges a valid security interest

22 but the state seeks to proceed with the forfeiture against the

23 property, the state shall prove by a preponderance of the

24 evidence that the person had actual knowledge of the

25 underlying crime giving rise to the forfeiture.

26 Section 20. Third Party Claims.

Page 13
1 (a) Any person, other than the defendant, asserting

2 a legal interest in property which has been seized or

3 restrained, at any time up until 90 days after the criminal

4 conviction, may petition the court for a hearing to adjudicate

5 the validity of the person's alleged interest in the property.

6 The hearing shall be held before the court alone, without a

7 jury.

8 (b) The petition shall be signed by the petitioner

9 under penalty of perjury and shall set forth all of the

10 following:

11 (1) The nature and extent of the petitioner's right,

12 title, or interest in the property.

13 (2) The time and circumstances of the petitioner's

14 acquisition of the right, title, or interest in the property.

15 (3) Any additional facts supporting the petitioner's

16 claim.

17 (4) The relief sought.

18 (c) The hearing on the petition, to the extent

19 practicable and consistent with the interests of justice,

20 shall be held within 60 days of the filing of the petition.

21 The court may consolidate the hearing on the petition with a

22 hearing on any other petition or motion filed by a person

23 other than the defendant under this subsection.

24 (d) At the hearing, the petitioner may testify and

25 present evidence and witnesses on the petitioner's own behalf

26 and cross-examine witnesses who appear at the hearing. The

27 state may present evidence and witnesses in rebuttal and in

Page 14
1 defense of its claim to the property and cross-examine

2 witnesses who appear at the hearing.

3 (e) A court shall rule on the petition within 14

4 days of the hearing.

5 (f) The petitioner who has an ownership interest in

6 property subject to forfeiture existing at the time the

7 illegal conduct giving rise to forfeiture occurred and who

8 claims to be an innocent owner or other third party with an

9 interest in the property bears the burden of proving by clear

10 and convincing evidence that the petitioner has a legal right,

11 title, or interest in the property seized under this act.

12 (g) If subsection (f) is satisfied and the state

13 seeks to proceed with the forfeiture against the property, the

14 state shall prove by clear and convincing evidence that the

15 petitioner consented to the use of the property with actual or

16 constructive knowledge that it would be or was used for the

17 underlying crime giving rise to the forfeiture.

18 (h) A petitioner who acquired an ownership interest

19 in property subject to forfeiture after the commission of a

20 crime giving rise to the forfeiture and who claims to be an

21 innocent owner or other third party with an interest in the

22 property bears the burden of proving by clear and convincing

23 evidence that the petitioner has a legal right, title, or

24 interest in the property seized under this act.

25 (i) If subsection (h) is satisfied and the state

26 seeks to proceed with the forfeiture against the property, the

27 state shall prove by clear and convincing evidence that at the

Page 15
1 time the petitioner acquired the property either of the

2 following were true:

3 (1) The petitioner had actual or constructive

4 knowledge that the property was an instrumentality or the

5 proceeds of a felonious act subjecting it to forfeiture.

6 (2) The petitioner was not a bona fide purchaser

7 without notice of any defect in title and for valuable

8 consideration.

9 (j) If the state fails to meet its burden in

10 subsections (g) and (i), the court shall find that the

11 petitioner is an innocent owner and shall order the state to

12 relinquish all claims of title to the property and return the

13 property to the innocent owner within a reasonable period not

14 to exceed five days.

15 (k) The defendant or convicted offender may invoke

16 the right against self-incrimination or the marital privilege

17 during the forfeiture-related stage of the prosecution. The

18 trier of fact at the hearing may draw an adverse inference

19 from the invocation of the right or privilege.

20 Section 21. Appeal.

21 A party to forfeiture litigation, including a

22 criminal defendant, a petitioner seeking innocent owner

23 status, or a petitioner for replevin, may appeal the court's

24 decision regarding the seizure or forfeiture of property under

25 this act. The appeal may be on an interlocutory basis.

26 Section 22. Disposition of Property and Proceeds.

Page 16
1 (a) At any time when unclaimed property or

2 contraband held for evidentiary purposes is no longer needed

3 for that purpose, the court may order it be delivered to the

4 prosecuting or seizing agency within 30 days, or, in the case

5 of contraband, be destroyed within 30 days.

6 (b) If the forfeiture is granted, the court may

7 order the property be delivered to the prosecuting or seizing

8 agency within 30 days.

9 (c) If the forfeiture is denied, the court must

10 order the property be returned to the person from whom the

11 property was seized within a reasonable period, not to exceed

12 five days.

13 (d) Upon motion, the court may order that a portion

14 of the currency seized or proceeds from the sale of forfeited

15 property be used to pay reasonable non-personnel expenses for

16 the seizure, storage, and maintenance of any forfeited

17 property.

18 (e)(1) The prosecuting or seizing agency shall

19 dispose of all non-currency forfeited property. The sale

20 proceeds and forfeited currency shall be distributed in the

21 following order:

22 a. To pay all outstanding recorded liens on the

23 forfeited property.

24 b. To pay reasonable non-personnel expenses to

25 comply with an order of the court.

26 c. The remaining proceeds from the sale or

27 distribution shall be awarded by the court pursuant to a

Page 17
1 recommendation by the state on a pro rata share to the

2 participating law enforcement agencies, the prosecuting entity

3 that pursued the action, and as payment of restitution to any

4 victims of the underlying offense.

5 (2) Any proceeds from sales authorized by this

6 section awarded by the court to a county or municipal law

7 enforcement agency shall be deposited into the respective

8 county or municipal general fund and made available to the

9 appropriate law enforcement agency upon requisition of the

10 chief law enforcement official of the agency. Any monies or

11 proceeds authorized by this act and ordered by the court to be

12 distributed to the district attorney shall be deposited into

13 the district attorney's solicitor's fund to be expended for

14 law enforcement purposes.

15 (f) Abandoned property or property seized from an

16 owner who fled the jurisdiction shall be delivered to the

17 State Treasurer. The State Treasurer shall dispose of all such

18 non-currency property in accordance with state law. The sale

19 proceeds and currency shall be deposited into the State

20 General Fund.

21 Section 23. Prohibition on Retaining Property; Sale

22 Restrictions.

23 No law enforcement agency may retain forfeited or

24 abandoned non-currency property for its own use or sell it,

25 directly or indirectly, to any employee of the agency, to a

26 person related to an employee by blood or marriage, or to

27 another law enforcement agency.

Page 18
1 Section 24. Return of Property, Damages, and Costs.

2 (a) The law enforcement agency that holds the

3 property shall return the property to the owner or other

4 prevailing claimant within a reasonable period of time not to

5 exceed five days after judgment in favor of that person.

6 (b) The law enforcement agency that holds the

7 property is responsible for any damages, storage fees, and

8 related costs applicable to property returned under subsection

9 (a).

10 Section 25. Adoption, Joint Task Forces and Receipt

11 of Payment of Forfeiture Proceeds from the Federal Government.

12 (a) A law enforcement agency shall not refer,

13 transfer, or otherwise relinquish possession of property

14 seized under state law to a federal agency by way of adoption

15 of the seized property or other means by the federal agency

16 for the purpose of the property's forfeiture under the federal

17 Controlled Substances Act.

18 (b) A law enforcement agency or participant in a

19 joint task force with the federal government or other

20 multijurisdictional collaboration with the federal government

21 shall not accept payment of any kind or distribution of

22 forfeiture proceeds or property resulting from a joint task

23 force with the federal government or other multijurisdictional

24 collaboration with the federal government unless the aggregate

25 net equity value of the property or currency forfeited in a

26 case exceeds one hundred thousand dollars ($100,000),

27 excluding the value of contraband.

Page 19
1 (c) Nothing in subsection (a) or (b) shall be

2 construed to restrict a law enforcement agency from acting

3 alone or collaborating with a federal agency or other agency

4 to seize contraband or property a law enforcement agent has

5 probable cause to believe is the proceeds or instruments of a

6 crime that subjects the property to forfeiture.

7 (d) Nothing in subsection (a) or (b) shall be

8 construed to prohibit the federal government from seizing

9 property and seeking forfeiture under federal law.

10 Section 26. Reporting.

11 (a) The Attorney General shall establish and

12 maintain a case tracking system and searchable public website

13 that includes the following information about property seized

14 and forfeited under state law and under any agreement with the

15 federal government:

16 (1) Name of the law enforcement agency that seized

17 the property or, if seized by a multijurisdictional task

18 force, the name of the lead agency.

19 (2) Date of the seizure.

20 (3) Type of property seized. Currency, or if

21 property other than currency, a description of property seized

22 including make, model, year, and serial number.

23 (4) Place of seizure: Home, business, or traffic

24 stop; and, if a traffic stop on an interstate or state

25 highway, the direction of the traffic flow: Eastbound,

26 westbound, southbound, or northbound.

27 (5) Estimated value of the seizure.

Page 20
1 (6) Criminal offense alleged that led to the

2 seizure, including whether the offense is under state or

3 federal law.

4 (7) Crime for which suspect was charged, including

5 whether the crime charged is under state or federal law.

6 (8) Criminal case number and court in which the case

7 was filed, if any.

8 (9) The outcome of the defendant's criminal case, if

9 available. Potential outcomes include the following:

10 a. Charges not filed.

11 b. Charges dropped.

12 c. Acquittal.

13 d. Plea agreement.

14 e. Jury conviction.

15 f. Other.

16 (10) If forfeiture is sought under federal law, the

17 reason the case is not being sought under state law.

18 (11) Forfeiture case number and court in which the

19 case was filed, if available.

20 (12) Estimate of total costs to the agency to do all

21 of the following:

22 a. Store property in impound lots or evidence rooms.

23 b. Pay for law enforcement personnel and

24 prosecutors' time and expenses to litigate forfeiture cases.

25 c. Cost to sell or dispose of forfeited property.

Page 21
1 (13) If a property owner filed a claim or

2 counterclaim, who by: The suspect, innocent owner, joint

3 owner, or third-party owner.

4 (14) Method of final forfeiture proceeding:

5 Criminal, civil-judicial, or civil-administrative.

6 (15) Date of forfeiture order.

7 (16) Whether there was a forfeiture settlement

8 agreement.

9 (17) Property disposition: Returned to owner,

10 partially returned to owner, sold, destroyed, or retained by a

11 law enforcement agency.

12 (18) Date of property disposition.

13 (19) Value of the property forfeited; or if

14 forfeited under federal law, the amount of proceeds received

15 from the federal government.

16 (b) If forfeiture is sought under federal law,

17 information for subdivisions (13) through (19) of subsection

18 (a) may not be available to be placed on the website.

19 (c) In addition to information required to be

20 published under subsection (a), the Attorney General shall

21 include on the searchable public website all of the following:

22 (1) The total amount of funds expended which

23 resulted from property seized, forfeited, and reported in

24 subsection (a) from each of the following:

25 a. Drug abuse, crime, and gang prevention programs.

26 b. Victim reparations.

Page 22
1 c. Investigation costs, including witness

2 protection, informant fees, and controlled buys.

3 d. Court costs and attorneys' fees.

4 e. Salaries, overtime, and benefits, as permitted by

5 law.

6 f. Professional outside services, including

7 auditing, court reporting, expert witness fees, outside

8 attorney fees, and membership fees paid to trade associations.

9 g. Travel, meals, entertainment, conferences,

10 training, and continuing education.

11 h. Other operating expenses, including office

12 supplies, postage, and printing.

13 i. Capital expenditures, including vehicles,

14 firearms, equipment, computers, and furniture.

15 j. Other expenditures of forfeiture proceeds.

16 (2) The total value of seized and forfeited property

17 held by the agency at the end of the reporting period.

18 (d) The law enforcement agency that seizes property

19 and the prosecutors who litigate related criminal cases and

20 forfeiture proceedings shall update the Attorney General's

21 website with the information required under subsection (a) at

22 the end of the month following each seizure of property. The

23 chief officer of a multijurisdictional task force may appoint

24 one agency to report its seizures. If an agency has made no

25 seizures during the previous year, a report shall be filed by

26 the Attorney General specifying that the agency did not engage

Page 23
1 in seizures or forfeitures under this act during the reporting

2 period.

3 (e) Each law enforcement agency shall update the

4 Attorney General's website with the information required under

5 subsection (c) within 30 days after the end of the fiscal

6 year. The chief officer of a multijurisdictional task force

7 may appoint one agency to report its expenditures.

8 (f)(1) The Attorney General, within 120 days after

9 the close of the fiscal year, shall submit to the Speaker of

10 the House of Representatives, President Pro Tempore of the

11 Senate, and Governor a written report that includes all of the

12 following:

13 a. A summary of seizure and forfeiture activity in

14 the state for the preceding fiscal year.

15 b. The type, approximate value, and disposition of

16 the property seized and forfeited.

17 c. The amount of any proceeds received or expended

18 at the state and local levels. The report shall provide a

19 categorized accounting of all proceeds expended.

20 (2) The summary for data on seizures, forfeitures,

21 and expenditures of forfeiture proceeds shall be disaggregated

22 by the agency. The aggregate report shall also be made

23 available on the Attorney General's website.

24 (g) The Attorney General may include in the report

25 required under subsection (f) recommendations to improve

26 statutes, rules, and policies to better ensure that seizure,

27 forfeiture, and expenditures are done and reported in a manner

Page 24
1 that is fair to crime victims, innocent property owners,

2 secured interest holders, citizens, law enforcement, and

3 taxpayers.

4 (h) If a law enforcement agency fails to file a

5 report within 30 days after it is due and there is no good

6 cause as determined by the Attorney General, the agency shall

7 be subject to a civil fine payable to the State General Fund

8 of five hundred dollars ($500) or the equivalent of

9 one-quarter of the forfeiture proceeds received by the agency,

10 whichever is greater.

11 (i) The State Auditor shall perform annually a

12 financial audit under the generally accepted government

13 auditing standards (GAGAS) of records related to inventory of

14 seized property and expenditures of forfeiture proceeds. A

15 copy of the final audit report shall be submitted to the

16 Attorney General no later than 90 days after the end of the

17 fiscal year and shall be made public.

18 (j) The Attorney General may recoup its costs under

19 this act by charging a fee to the law enforcement agency

20 filing a report. The agency may use forfeiture proceeds to pay

21 the costs of compiling and reporting data under this act and

22 to pay any fees imposed by the Attorney General.

23 (k) The Attorney General may adopt rules that are

24 necessary to implement and administer this act.

25 (l) The data and reports compiled and prepared under

26 this act are public information under the Alabama Open Records

Page 25
1 Act, Chapter 12 of Title 36 of the Code of Alabama 1975, and

2 are not exempt from disclosure.

3 (m) This section is effective for the reporting

4 period starting January 1, 2019.

5 Section 27. Repeal of all other inconsistent

6 forfeiture provisions.

7 This act sets out the exclusive process for asset

8 forfeitures in the state and supersedes other provisions in

9 state or local law that are inconsistent with this act. All

10 civil forfeiture provisions of the Code of Alabama 1975, that

11 are inconsistent with this act are repealed. Specifically, the

12 following sections are repealed: Section 20-2-93, Code of

13 Alabama 1975, relating to forfeiture in controlled substance

14 cases; Section 13A-8-117, Code of Alabama 1975, relating to

15 forfeiture of certain computers and software; Article 4,

16 commencing with Section 15-5-60 of Chapter 5 of Title 15 of

17 the Code of Alabama 1975, The Alabama Comprehensive Criminal

18 Proceeds Forfeiture Act; and Section 13A-11-37, Code of

19 Alabama 1975, relating to forfeiture of an eavesdropping

20 device.

21 Section 28. This act shall become effective on the

22 first day of the third month following its passage and

23 approval by the Governor, or its otherwise becoming law.

Page 26