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15-5-63
Section 15-5-63 Proof; forfeiture procedures. The state must prove to the court's reasonable
satisfaction that the proceeds, property, or instrumentality of any kind were used in, intended
to be used in, or derived from, a felony offense. Except as provided otherwise in this article,
the manner, method, and procedure for the seizure, forfeiture, condemnation, and disposition
shall be the same as that set out in Section 20-2-93 and Sections 28-4-286 through
28-4-290, inclusive, except for the following: (1) An innocent owner's or bona fide lienholder's
interest in any type of property shall not be forfeited under this article for any act or
omission unless the state proves that the act or omission was committed or omitted with the
knowledge or consent of that owner or lienholder. (2) The state may stipulate that the interest
of an innocent owner or bona fide lienholder is exempt from forfeiture upon presentation of
proof of the claim. The state shall file the stipulation with the court...
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15-5-62
Section 15-5-62 Definitions. For the purposes of this article, the following words shall
have the following meanings: (1) FELONY OFFENSE. Any act that could be charged as a felony
criminal offense under the Code of Alabama 1975, whether or not a formal criminal prosecution
or delinquent proceeding began at the time the forfeiture was initiated. (2) FINANCIAL INSTITUTION.
A bank, credit union, or savings and loan association. (3) INNOCENT OWNER. A bona fide purchaser
or lienholder of property that is subject to forfeiture, including any of the following: a.
A person who has a valid claim, lien, or other interest in the property seized who did not
know or consent to the conduct that caused the property to be forfeited, seized, or abandoned
under subdivision (1) of Section 15-5-63. b. A person who did not participate in the
commission of a crime or delinquent act giving rise to the forfeiture. c. A victim of an alleged
criminal offense. (4) INSTITUTED PROMPTLY. The filing by the district...
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13A-12-200.8
Section 13A-12-200.8 Property subject to forfeiture for violation of this division;
procedures; hearing; forfeiture action; action for money judgment. (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...
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13A-10-207
Section 13A-10-207 Forfeiture of property. (a) All of the following property, real or
personal, shall be subject to forfeiture: (1) 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 explosives or destructive devices in violation
of Act 2009-718. (2) All property which is used or intended for use as a container for property
described in subdivision (1). (3) All moneys, negotiable instruments, securities, other things
of value furnished or intended to be furnished by any person in exchange for explosives or
destructive devices in violation of any law of this state; all proceeds traceable to the exchange;
and all moneys, negotiable instruments, and securities used or intended to be used to facilitate
any violation of Act 2009-718. (4) All conveyances, including aircraft, vehicles, or vessels,
or agricultural machinery, which are used, or are...
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20-2-93
Section 20-2-93 Forfeitures; seizures. (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...
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9-11-91.1
Section 9-11-91.1 Unauthorized fishing from or near fish farm. (a) It shall be unlawful
for any person to fish or take fish from any fish farm except with the consent of the owner
thereof. Any person possessing fishing tackle on the premises of a fish farm shall be rebuttably
presumed to be fishing. (b) Any motor vehicle, or fishing tackle, or other fishing equipment
which has been or is used for illegal fishing shall be contraband, and, in the discretion
of the circuit court may be forfeited to the county wherein the violation occurred, as provided
by law. A commercial fish pond shall be posted with signs which are readable from the public
right-of-way. (c) The sheriff or any other person authorized to enforce the game and fish
laws of this state who apprehends any person violating the provisions of this section,
or who finds any vehicle which is being or has been used in illegal fishing shall seize the
vehicle and any fishing tackle and other fishing equipment found in the possession...
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13A-8-117
Section 13A-8-117 Forfeiture of certain computers, software, etc. (a) On conviction
of a violation of this article or any other violation of the criminal laws of Alabama, the
court shall order that any computer, computer system, computer network, instrument of communication,
software or data that was owned or used by the defendant with the owner's knowledge of the
unlawful act or where the owner had reason to know of the unlawful act, and that was used
in the commission of the offense be forfeited to the State of Alabama and sold, destroyed,
or otherwise properly disposed. If the defendant is a minor, it also includes the above listed
property of the parent or guardian of the defendant. The manner, method, and procedure for
the forfeiture and condemnation or forfeiture of such thing shall be the same as that provided
by law for the confiscation or condemnation or forfeiture of automobiles, conveyances, or
vehicles in which alcoholic beverages are illegally transported. If the computer,...
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9-17-22
Section 9-17-22 Illegal oil, gas or product - Seizure, condemnation and sale. Apart
from and in addition to any other remedy or procedure which may be available to the board
or any penalty which may be sought against or imposed upon any person with respect to violations
relating to illegal oil, illegal gas or illegal product, all illegal oil, illegal gas and
illegal products shall, except under such circumstances as are stated in this section,
be contraband, forfeited to the State of Alabama and shall be seized and sold and the proceeds
applied as provided in this section. When any such seizure shall have been made, it
shall be the duty of the Attorney General of the state to institute at once condemnation proceedings
in the circuit court of the county in which such property is seized by filing a complaint
in the name of the state against the property seized, describing the same, or against the
person or persons in possession of such illegal property, if known, to obtain a judgment...
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2-2-14.2
Section 2-2-14.2 Forfeiture of conveyances and vehicles used to perpetrate livestock
theft. (a) All conveyances and vehicles of transportation including trailers and semitrailers,
equine or equidae, or any other equipment, together with all harness or other accessories,
which have been used, or are used in the commission of theft of livestock, as defined in Section
13A-8-4(f), shall be contraband, and in the discretion of the circuit court, may be forfeited
to the state Department of Agriculture and Industries, as hereinafter provided. (b) Livestock
theft investigators, appointed under Section 2-2-14, or any other officer authorized
to enforce those laws pertaining to the theft of livestock, who finds any vehicle, conveyance
or equipment, listed above, which is being, or has been, used in the perpetration of the crime
of theft of livestock, shall seize said vehicle, conveyance or equipment listed above, and
report said seizure to the district attorney in the county where the seizure...
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33-5-100
Section 33-5-100 Unauthorized alteration or removal of identification number or registration
information; forfeiture. (a) As used in this section, the following words have the
following meanings: (1) FALSIFY. The term includes alter and forge. (2) IDENTIFIABLE COMPONENT
PART. The term includes any part of a vessel or outboard motor that has an identifying number
stamped, molded, engraved, cast, or placed on it by the manufacturer or any part that can
be identified by other means as being a part of a particular vessel or outboard motor. (3)
IDENTIFICATION NUMBER. The term includes an identifying number, engine number, outboard motor
number, or other distinguishing number or mark placed on a vessel, outboard motor, vessel
trailer, or the engine, transmission, or other component part of a vessel, by its manufacturer
or by authority of the Department of Conservation and Natural Resources or in accordance with
the laws of another state or country. (4) REMOVE. The term includes deface,...
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