SB12 By Senator Allen RFD Judiciary Rd 1 02-FEB-16

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 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 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, is subject to civil forfeiture to the state.

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

(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 or joint ownership interest shall not be affected by a forfeiture under this section if the owner of the mortgage, lien, privilege, or other security interest or joint owner establishes that he or she is a factually innocent person.

(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)a. The costs of investigation shall be paid to the law enforcement agency or the governmental agency 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 conducting the investigation.

c. If one law enforcement agency primarily conducted the investigation, the costs of investigation shall first 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.

(2) Twenty-five percent of the proceeds, plus the costs of prosecution, or all of the remaining proceeds, whichever is less, shall be paid to the prosecuting attorney.

(3) 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.

(4) The costs of mitigation, seizure, or forfeiture shall be paid on a pro rata basis to a law enforcement agency that participated in the mitigation, seizure, or forfeiture process.

(5) Any remaining proceeds shall be paid on a pro rata basis to satisfy any judgments under Section 2 for persons injured as a result of the criminal offense relating to terrorism as enumerated under Article 7, Chapter 10, Title 13A, Code of Alabama 1975.

(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.

Section 2. (a) A person injured in his or her person, property, or business by reason of a criminal offense relating to terrorism as enumerated 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.

(b) A person who files an action under this section is entitled to recover three times the actual damages sustained or ten thousand dollars ($10,000), whichever is greater, as well as attorney's fees in the trial and appellate courts if the person prevails in the claim.

(c) The limitation period for an action under this section is five years from the date of discovery of the violation of Article 7, Chapter 10, Title 13A, Code of Alabama 1975.

(d) 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