Alabama

From National District Attorneys Association compilation of state forfeiture statutues, updated March 2010:
ALA. CODE § 20-2-93 (2010). Forfeiture
(a) The following are subject to forfeiture:
(1) All controlled substances which have been grown, manufactured, distributed,
dispensed or acquired in violation of any law of this state;
(2) All raw materials, products and equipment of any kind which are used or intended
for use in manufacturing, cultivating, growing, compounding, processing, delivering,
importing or exporting any controlled substance in violation of any law of this state;
(3) All property which is used or intended for use as a container for property described
in subdivision (1) or (2) of this subsection;
(4) All moneys, negotiable instruments, securities, or other things of value furnished or
intended to be furnished by any person in exchange for a controlled substance in violation
of any law of this state; all proceeds traceable to such an exchange; and all moneys,
negotiable instruments, and securities used or intended to be used to facilitate any
violation of any law of this state concerning controlled substances;
(5) All conveyances, including aircraft, vehicles, or vessels, or agricultural machinery,
which are used, or are intended for use, to transport, or in any manner to facilitate the
transportation, sale, receipt, possession, or concealment of any property described in
subdivision (1) or (2) of this subsection;
(6) All books, records and research products and materials, including formulas,
microfilm, tapes and data, which are used or intended for use in violation of any law of
this state concerning controlled substances;
(7) All imitation controlled substances as defined under the laws of this state;
(8) All real property or fixtures used or intended to be used for the manufacture,
cultivation, growth, receipt, storage, handling, distribution, or sale of any controlled
substance in violation of any law of this state;
(9) All property of any type whatsoever constituting, or derived from, any proceeds
obtained directly, or indirectly, from any violation of any law of this state concerning
controlled substances;
(b) Property subject to forfeiture under this chapter may be seized by state, county or
municipal law enforcement agencies upon process issued by any court having jurisdiction
over the property. Seizure without process may be made if:
(1) The seizure is incident to an arrest or a search under a search warrant or an
inspection under an administrative inspection warrant;
(2) The property subject to seizure has been the subject of a prior judgment in favor of
the state in a criminal injunction or forfeiture proceeding based upon this chapter;
(3) The state, county, or municipal law enforcement agency has probable cause to
believe that the property is directly or indirectly dangerous to health or safety; or
(4) The state, county or municipal law enforcement agency has probable cause to
believe that the property was used or is intended to be used in violation of this chapter.
(c) In the event of seizure pursuant to subsection (b) of this section, proceedings under
subsection (d) of this section shall be instituted promptly.
(d) Property taken or detained under this section shall not be subject to replevin but is
deemed to be in the custody of the state, county or municipal law enforcement agency
subject only to the orders and judgment of the court having jurisdiction over the forfeiture
proceedings. When property is seized under this chapter, the state, county or municipal
law enforcement agency may:
(1) Place the property under seal;
(2) Remove the property to a place designated by it;
(3) Require the state, county or municipal law enforcement agency to take custody of
the property and remove it to an appropriate location for disposition in accordance with
law; and
(4) In the case of real property or fixtures, post notice of the seizure on the property,
and file and record notice of the seizure in the probate office.
(e) When property is forfeited under this chapter the state, county or municipal law
enforcement agency may:
(1) Retain it for official use; except for lawful currency (money) of the United States of
America which shall be disposed of in the same manner provided for the disposal of
proceeds from a sale in subdivision (e)(2) of this section;
(2) Sell that which is not required to be destroyed by law and which is not harmful to
the public. The proceeds from the sale authorized by this subsection shall be used, first,
for payment of all proper expenses of the proceedings for forfeiture and sale, including
expenses of seizure, maintenance of or custody, advertising and court costs; and the
remaining proceeds from such sale shall be awarded and distributed by the court to the
municipal law enforcement agency or department, and/or county law enforcement agency
or department, and/or state law enforcement agency or department, following a
determination of the court of whose law enforcement agencies or departments are
determined by the court to have been a participant in the investigation resulting in the
seizure, and such award and distribution shall be made on the basis of the percentage as
determined by the court, which the respective agency or department contributed to the
police work resulting in the seizure. Provided however, any proceeds from sales
authorized by this section awarded by the court to a county or municipal law enforcement
agency or department shall be deposited into the respective county or municipal general
fund and made available to the affected law enforcement agency or department upon
requisition of the chief law enforcement official of such agency or department.
(3) Require the state, county or municipal law enforcement agency to take custody of
the property and remove it for disposition in accordance with law.
(f) Controlled substances listed in Schedule I that are possessed, transferred, sold or
offered for sale in violation of any law of this state are contraband and shall be seized and
summarily forfeited to the state. Controlled substances listed in Schedule I which are
seized or come into the possession of the state, the owners of which are unknown, are
contraband and shall be summarily forfeited to the state.
(g) Species of plants from which controlled substances in Schedules I and II may be
derived which have been planted or cultivated in violation of any law of this state or of
which the owners or cultivators are unknown or which are wild growths may be seized
and summarily forfeited to the state.
(h) An owner's or bona fide lienholder's interest in real property or fixtures shall not be
forfeited under this section for any act or omission unless the state proves that that act or
omission was committed or omitted with the knowledge or consent of that owner or
lienholder. An owner's or bona fide lienholder's interest in any type of property other than
real property and fixtures shall be forfeited under this section unless the owner or bona
fide lienholder proves both that the act or omission subjecting the property to forfeiture
was committed or omitted without the owner's or lienholder's knowledge or consent and
that the owner or lienholder could not have obtained by the exercise of reasonable
diligence knowledge of the intended illegal use of the property so as to have prevented
such use. Except as specifically provided to the contrary in this section, the procedures
for the condemnation and forfeiture of property seized under this section shall be
governed by and shall conform to the procedures set out in Sections 28-4-286 through 28-
4-290, except that: (1) the burden of proof and standard of proof shall be as set out in this
subsection instead of as set out in the last three lines of Section 28-4-290; and (2) the
official filing the complaint shall also serve a copy of it on any person, corporation, or
other entity having a perfected security interest in the property that is known to that
official or that can be discovered through the exercise of reasonable diligence.

ALA. CODE § 13A-12-200.8. Forfeiture and Seizure of Property.
(a) The following property is subject to forfeiture:
(1) All obscene material and material which is harmful to minors used, intended to be
used or obtained in violation of the provisions of this division;
(2) All moneys, negotiable instruments, and funds used, intended to be used, or
obtained in any violation of the provisions of this division;
(3) All proceeds or receipts derived from property which is subject to forfeiture
pursuant to subdivisions (a)(1) and (a)(2) of this section.
(b) Property taken or detained under this section shall not be subject to replevin but is
deemed to be in the custody of the state, county or municipal law enforcement agency
subject only to the orders and judgment of the court having jurisdiction over the forfeiture
proceedings. When property is seized under this division, the state, county or municipal
law enforcement agency may:
(1) Place the property under seal;
(2) Remove the property to a place designated by it; and
(3) In the case of real property or fixtures, post notice of the seizure on the property,
and file and record notice of seizure in the probate office.
(c) The following is the procedure regarding the seizure of property subject to forfeiture
under subsection (a) of this section:
(1) Property subject to forfeiture may be seized by state, county or municipal law
enforcement agencies upon process issued by any court having jurisdiction over the
property upon a showing of probable cause; provided, however, that not more than one
copy of each expressive material may be seized prior to a judicial determination, after a
hearing at which all proper parties have an opportunity to be heard and present evidence,
that the expressive material is obscene material or material which is harmful to minors
and, in either case, subject to forfeiture under this division.
(2) In the event of seizure, a forfeiture action pursuant to subdivision (c)(4) of this
section shall be instituted promptly and within time limits mandated by the United States
Constitution.
(3) At any time after seizure, and prior to trial, the state, defendant, owner, or other
proper party, may file with the appropriate circuit court, a written demand for an
adversary hearing for the purpose of obtaining with regard to expressive material only a
preliminary determination of obscenity, harmfulness to minors, and whether the property
is subject to forfeiture. Such adversary hearing shall be held as soon as possible. At such
adversary hearing, all proper parties shall be given the opportunity to present evidence. It
shall be the duty of the State of Alabama at the hearing to prove by clear and convincing
evidence that the seized property is subject to forfeiture under subsection (a) herein. The
court shall render a decision within time limits mandated by the United States
Constitution and, if the court does not find the property to be subject to forfeiture, it shall
immediately order the property to be returned. Should the court find the property to be
subject to forfeiture, it shall order the property to be retained as evidence. A finding by
the court that the property is subject to forfeiture shall not be binding at the trial on the
merits.
(4) The Attorney General or district attorney may initiate a forfeiture action in the name
of the State of Alabama in the circuit court. The action shall be heard and determined
within time limits mandated by the United States Constitution. It shall be the duty of the
State of Alabama at the hearing to prove by clear and convincing evidence that the
property should be forfeited. It shall be an affirmative defense to the forfeiture action to
the extent of the owner's interest that the owner of the obscene material, material which is
harmful to minors, moneys, negotiable instruments, funds, proceeds or receipts, neither
consented to nor had knowledge of the acts which would otherwise result in forfeiture. It
shall be an affirmative defense to any bona fide lienholder to the extent of the lienholder's
interest that the lienholder neither consented to nor had knowledge of the acts which
would otherwise result in forfeiture. The defendant shall be given the opportunity to
present evidence.
(d) Nothing in this section shall be deemed to authorize a prior restraint of speech in
violation of the United States Constitution. All hearings and determinations required
pursuant to this section shall be heard and determined within time limits mandated by the
United States Constitution.
(e) After trial on the merits, the court shall issue such forfeiture and seizure orders as are
proper under the law and facts. The court shall order obscene material and material which
is harmful to minors which is forfeited to be destroyed or retained for official law
enforcement use. Where the court orders the forfeiture of one copy of an expressive
material, it may also order the seizure and forfeiture of all other copies of such expressive
material of the defendant which is subject to forfeiture. The court shall further order such
moneys, negotiable instruments, funds, proceeds, or receipts, which are forfeited to be (1)
distributed directly to the general fund of the state, county or municipality whose
enforcement agencies investigated the acts resulting in forfeiture or (2) sold and
distributed, after payment of all proper expenses relating to the forfeiture and sale, to the
general fund of the state or any county or municipality whose department, office, or
agency contributed to the investigation of the acts resulting in forfeiture, based upon the
contribution, including expenses, of the department, office, or agency, or agency as
determined by the court.
(f) Where any property owned or possessed by a person is subject to forfeiture pursuant
to this section but because of any act, omission, or consent by such person the property
(1) cannot be located upon the exercise of due diligence, (2) has been transferred or sold
to, or deposited with, a third party, (3) has been placed beyond the jurisdiction of the
court, (4) has been substantially diminished in value or, (5) has been commingled with
other property which cannot be divided without difficulty, and such person knowingly
participated either as a principal, aider and abettor, or conspirator in the acts subjecting
the property to forfeiture, the Attorney General or district attorney may initiate a civil
action in the name of the State of Alabama against such person for forfeiture of a money
judgment amount up to the value of and in lieu of the property described in (1) through
(5) of this subsection. Such judgment upon satisfaction shall be distributed as provided in
subsection (e) of this section.

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