June 18th, 2014 – Alabama District Attorneys Association

A ceremonial signing of the Alabama Comprehensive Criminal Proceeds Forfeiture Act, Act 14-306 was held on June 17, 2014 in the Old House Chamber of the Alabama State Capitol. The Act is a general forfeiture law that allows law enforcement to seize proceeds obtained from and/or instrumentalities used in the course of any criminal act that is chargeable as a felony offense. Importantly, the Act expands the current forfeiture laws from several statutorily designated offenses to any felony offense.

Through a civil in rem proceeding, law enforcement may now seize: a) any proceeds derived from or realized through any act that is chargeable as a felony offense, and b) any property or instrumentality of any kind used or intended for use in the course of any act that is chargeable as a felony offense. The Act expands the definition of innocent owner and bona fide lien holder and sets out protections for both.

The Act was sponsored by Senator Arthur Orr in the Senate and Representative Allen Treadaway in the House.