Professional Documents
Culture Documents
2 189610-1
7 RFD: Judiciary
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1 189610-1:n:01/22/2018:CMH/cr LSA2018-45
12
13 A BILL
14 TO BE ENTITLED
15 AN ACT
16
21 1975.
26 Act.
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1 The purpose of this act is to do all of the
2 following:
4 incentives.
6 activity.
8 property.
11 Section 3. Definitions.
18 rights.
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1 (5) CONVEYANCE. A device used for transportation.
9 of the following:
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1 (10) PROCEEDS. Money, securities, negotiable
3 of property.
5 Forfeiture.
10 of the crime.
15 Section 5. Contraband.
19 act.
24 subject to forfeiture.
26 criminal conviction.
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1 (3) The property is forfeitable under Sections 4 and
2 5.
5 criminal court.
9 occurred:
12 government.
16 investigation or prosecution.
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1 Section 7. Substitution of Assets.
9 to avoid forfeiture.
19 equitable.
21 Process.
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1 issuance, execution, and return are subject to the Alabama
4 Process.
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1 opportunity for a contested hearing to determine the
6 real property.
15 possible.
20 the property.
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1 (a) As used in this section, claimant means a
6 the seizure.
10 of replevin.
19 may move the court for one extension of no more than 10 days.
21 submissions.
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1 (2) The state has failed to prove the property is
12 may be just.
16 Procedure.
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1 of property of less than ten thousand dollars ($10,000) in
2 value.
6 the following:
8 approximate value.
13 seizure.
23 defendant, the person from whom the property was seized, the
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1 (a) At any time following determination of
17 in the offense.
21 subject to forfeiture.
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1 (2) The value of the property to the defendant,
22 but the state seeks to proceed with the forfeiture against the
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1 (a) Any person, other than the defendant, asserting
7 jury.
10 following:
16 claim.
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1 defense of its claim to the property and cross-examine
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1 time the petitioner acquired the property either of the
8 consideration.
10 subsections (g) and (i), the court shall find that the
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1 (a) At any time when unclaimed property or
12 five days.
17 property.
21 following order:
23 forfeited property.
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1 recommendation by the state on a pro rata share to the
20 General Fund.
22 Restrictions.
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1 Section 24. Return of Property, Damages, and Costs.
9 (a).
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1 (c) Nothing in subsection (a) or (b) shall be
14 and forfeited under state law and under any agreement with the
15 federal government:
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1 (6) Criminal offense alleged that led to the
3 federal law.
11 b. Charges dropped.
12 c. Acquittal.
13 d. Plea agreement.
14 e. Jury conviction.
15 f. Other.
21 of the following:
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1 (13) If a property owner filed a claim or
8 agreement.
26 b. Victim reparations.
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1 c. Investigation costs, including witness
5 law.
26 the Attorney General specifying that the agency did not engage
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1 in seizures or forfeitures under this act during the reporting
2 period.
12 following:
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1 that is fair to crime victims, innocent property owners,
3 taxpayers.
10 whichever is greater.
21 the costs of compiling and reporting data under this act and
26 this act are public information under the Alabama Open Records
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1 Act, Chapter 12 of Title 36 of the Code of Alabama 1975, and
6 forfeiture provisions.
9 state or local law that are inconsistent with this act. All
20 device.
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