SB46 By Senator Allen RFD Judiciary Rd 1 04-FEB-20

SYNOPSIS: This bill would provide for expanded civil liability for injuries resulting from acts of terrorism.

This bill would provide for the forfeiture of all property used in the course of, or derived from, an act of terrorism.

This bill would authorize a person injured by an act of terrorism and law enforcement agencies or private entities involved in the investigation, prosecution, mitigation, seizure, or forfeiture process for acts of terrorism to file a claim for costs or damages to be satisfied from forfeited property.

This bill would provide for the allocation of proceeds from a forfeiture and disposition, and would specify that investigation expenses must be paid first.

This bill would provide a limitation period for asserting a claim against forfeited property.

This bill would also authorize a person injured by an act of terrorism to file an action for damages against a person committing an act of terrorism, and would authorize the recovery of specified damages.

A BILL TO BE ENTITLED AN ACT

Relating to acts of terrorism, to provide for expanded civil liability for injuries resulting from acts of terrorism; to provide for the forfeiture of all property used in the course of, or derived from, an act of terrorism; to authorize a person injured by an act of terrorism and certain law enforcement agencies or private entities to file a claim for costs or damages to be satisfied from forfeited property; to provide for additional fees; to provide for distribution of the fees; to provide for the allocation of proceeds from a forfeiture and disposition; to provide a limitation period for asserting a claim against forfeited property; to authorize a person injured by an act of terrorism to file an action for damages against a person committing an act of terrorism; and to provide for damages.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) Notwithstanding any other law, all property, including money, used in the course of, intended for use in the course of, derived from, or realized through conduct in violation of Article 7, Chapter 10, Title 13A, Code of Alabama 1975, relating to an act of terrorism, is subject to civil forfeiture to the state or a private entity.

(b)(1) A person injured as a result of a criminal offense under Article 7, Chapter 10, Title 13A, Code of Alabama 1975, a private entity, and a law enforcement agency or other governmental agency that participated in the investigation, mitigation, seizure, or forfeiture process for a criminal offense under Article 7, Chapter 10, Title 13A, Code of Alabama 1975, may file a claim with a court of competent jurisdiction for costs or damages, and the property described in subsection (a) shall be used to satisfy any costs or damages awarded for the claim.

(2) In addition to any filing or other fee required under Section 12-19-71, Code of Alabama 1975, or any other law, a person initiating an action under subdivision (1) shall pay the following additional fees upon the filing of the action:

a. For cases in which the amount in controversy, exclusive of interest, costs, and attorney's fees, is anticipated to be less than one hundred thousand dollars ($100,000): One hundred dollars ($100).

b. For cases in which the amount in controversy, exclusive of interest, costs, and attorney's fees, is anticipated to be at least one hundred thousand dollars ($100,000), but less than two hundred fifty thousand dollars ($250,000): Two hundred dollars ($200).

c. For cases in which the amount in controversy, exclusive of interest, costs, and attorney's fees, is anticipated to be at least two hundred fifty thousand dollars ($250,000), but is less than five hundred thousand dollars ($500,000): Three hundred dollars ($300).

d. For cases in which the amount in controversy, exclusive of interest, costs, and attorney's fees, is anticipated to be five hundred thousand dollars ($500,000) or more: Four hundred dollars ($400).

(3) The additional fees collected under subdivision (2) shall be distributed to the Presiding Circuit Judge's Judicial Administration Fund established in Section 12-19-310, Code of Alabama 1975, and the funds shall be used as provided in subsection (e) of Section 12-19-310, Code of Alabama 1975.

(c)(1) A forfeiture or disposition under this section shall not affect the rights of a factually innocent person.

(2) A mortgage, lien, privilege, or other security interest, ownership, or joint ownership interest shall not be forfeited or otherwise affected under this act for any act or omission unless the state, person, or private entity proves that the violation of Article 7, Chapter 10, Title 13A, Code of Alabama 1975, relating to an act of terrorism, was committed with the knowledge and consent of each person or entity against which the forfeiture or other disposition is sought to be enforced.

(d) The allocation of proceeds from a forfeiture and disposition under this section shall be paid to claimants under subsection (b) in the following order:

(1) The cost to satisfy any judgments under Section 2 for persons injured as a result of the criminal offense under Article 7, Chapter 10, Title 13A, Code of Alabama 1975, relating to an act of terrorism.

(2)a. The costs of investigation shall be paid to the law enforcement agency, the governmental agency, or private entity that conducted the investigation.

b. If more than one law enforcement agency equally conducted the investigation, the costs of investigation shall be paid equally to the law enforcement agencies or entities conducting the investigation.

c. If one law enforcement agency or private entity primarily conducted the investigation, the costs of investigation first shall be paid to that law enforcement agency and actual vouchered costs shall be reimbursed on a pro rata basis to the other law enforcement agencies participating in the investigation, not to exceed 10 percent of the costs of investigation allocated to the primary law enforcement agency.

(3) A reasonable amount, as agreed between the parties, of the proceeds plus the costs of prosecution or all of the remaining proceeds shall be paid to the prosecuting attorney's office.

(4) The costs of investigation shall be paid on a pro rata basis to a law enforcement agency that was not fully reimbursed under paragraph c. of subdivision (1) of this subsection.

(5) Any remaining proceeds shall be paid on a pro rata basis to cover the costs of mitigation, seizure, or forfeiture to a law enforcement agency that participated in the mitigation, seizure, or forfeiture process.

(e)(1) Property subject to forfeiture under this section may be seized by a law enforcement officer upon the issuance of a court order.

(2) Seizure without a court order may be made if either of the following is satisfied:

a. The seizure is incident to a lawful arrest or search.

b. The property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding based on this section.

(3)a. A forfeiture action resulting from a seizure under this subsection shall be instituted promptly.

b. Property taken or detained under this section is not subject to sequestration or attachment but is deemed to be in the custody of the law enforcement agency making the seizure, subject only to the order of the court.

c. When property is seized under this section, pending forfeiture and final disposition, the law enforcement agency making the seizure may do any of the following:

1. Place the property under seal.

2. Remove the property to a place designated by the court.

3. Request another agency authorized by law to take custody of the property and remove it to an appropriate location.

(f) The limitation period for a claim brought under this section is five years from the date of the discovery of the violation of Article 7, Chapter 10, Title 13A, Code of Alabama 1975, relating to an act of terrorism.

(g) For the purposes of this act, the following terms shall have the following meanings:

(1) ACT OF TERRORISM. An act or acts constituting a specified offense as defined in subdivision (2) for which a person may be convicted in the criminal courts of this state, or an act or acts constituting an offense in any other jurisdiction within or outside the territorial boundaries of the United States which contains all of the essential elements of a specified offense, that is intended to do the following:

a. Intimidate or coerce a civilian population, which is a mass of people and not one individual.

b. Influence the policy of a unit of government by intimidation or coercion.

c. Affect the conduct of a unit of government by murder, assassination, or kidnapping.

(2) SPECIFIED OFFENSE. A Class A felony, manslaughter, kidnapping in the second degree, assault in the first or second degree, stalking, intimidating a witness, criminal tampering, endangering the food supply, endangering the water supply or any attempt or conspiracy to commit any of these offenses.

Section 2. (a) A person injured in his or her person, property, or business by reason of a criminal offense under Article 7, Chapter 10, Title 13A, Code of Alabama 1975, or his or her estate, survivors, or heirs, may file an action for damages in circuit court against the person who committed the act of terrorism.

(b) In addition to actual damages, a person who files an action under this section may recover punitive damages, which in no case shall be less than three times the actual damages sustained. The burden of proof shall be a preponderance of the evidence. A person shall also be entitled to attorney's fees in the trial and appellate courts if the person prevails in the claim. The rights and remedies provided by this section are in addition to any other rights and remedies provided by law.

(c) A person who receives a judgment under this section may seek satisfaction of the judgment under Section 1.

Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Crimes and Offenses

Criminal Law and Procedure

Terrorism

Forfeitures and Seizures

Law Enforcement

Court, Circuit

Adjustment, State Board of