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Forfeiture is broadly defined as the loss of property for failing to obey the law, and that property is generally lost to the state. A person may have a vested interest in property to be forfeit in two ways: In personum jurisdiction and in rem jurisdiction.
Currently, four states have abolished the practice entirely: Maine, Nebraska, North Carolina and New Mexico. Many other states continue to allow it but place the burden of proof on the government instead of the property owner.
This bill would establish the Alabama Forfeiture Accountability and Integrity Reform Act and would set out the exclusive process for asset forfeitures in the state, such as requiring the conviction of a crime to seize assets.
Civil forfeiture, legal process that enables a government to seize property and other assets belonging to persons suspected of committing a crime. The main purpose of civil forfeiture is to provide an effective means of prosecuting criminals and fighting organized crime.
In the state of Alabama, the government may seize your property if the property itself is suspected of being involved in a crime. This can include vehicles, cash, homes, and more?and law enforcement can take this property without ever charging or convicting you, the property owner, with a crime.