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HB203 ENROLLED
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HB203
CXLL9JW-2
By Representative Rehm (N & P)
RFD: Local Legislation
First Read: 13-Jan-26
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First Read: 13-Jan-26
Enrolled, An Act,
Relating to Henry County; to provide for the sale, use,
and destruction of certain abandoned, stolen, and unclaimed
property by the Henry County Sheriff's Office and any task
force of the office; and to specify requirements for the sale
and disposition of proceeds.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) The Henry County Sheriff's Office shall
keep and maintain a record of all abandoned and stolen
personal property recovered by the sheriff's office or any
task force of the sheriff's office. These records shall state
the description of the property, the date of recovery of the
property, and the serial or other identifying number of the
property. If the property is a firearm, the records shall
state the description of the firearm, the date of recovery of
the firearm, and the serial or other identifying number, if
any.
(b) If abandoned or stolen property is sold at public
auction under this act, the sheriff's office shall make a
notation in the storage record of the sale and the amount
received for the property.
(c) All records required under this act shall be open
to public inspection at all reasonable times.
(d) All abandoned or stolen property recovered by the
sheriff's office or task force shall be stored in a suitable
place to protect the property from deterioration.
Section 2. (a)(1) As often as necessary, the Henry
County Sheriff may sell at public auction, including an
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County Sheriff may sell at public auction, including an
Internet auction, to the highest bidder all abandoned or
stolen personal property that has been recovered under this
act and that has remained unclaimed by the rightful owner for
a period of not less than six months.
(2) If the abandoned or stolen property is a firearm,
the person holding the auction must hold a federal firearm
license issued by the Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF), and all sales involving a firearm shall meet
the firearm transfer requirements of federal law.
(b) Prior to each auction, the sheriff shall give
notice by publication in a newspaper of general circulation in
Henry County once a week for two successive weeks or by
posting notice in a conspicuous place at the Henry County
Courthouse for a period of at least 20 days. The notice shall
contain the place, date, and time of each auction and a
general description of items of personal property to be sold
at the auction.
(c) Notwithstanding subsection (b), if the abandoned or
stolen personal property is of a perishable nature and
reasonable attempts to locate and identify the owner of the
property are not successful, the property may be sold at once
without notice.
(d) The sheriff shall attempt to obtain the best
possible price for the property. The sheriff may reject any
and all bids if the amount bid is unreasonably low and may
continue the sale, from time to time, at his or her
discretion.
Section 3. (a) Prior to the sale of abandoned or stolen
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Section 3. (a) Prior to the sale of abandoned or stolen
property under this act, the owner of the property may claim
the property at any time by submitting sufficient proof of
ownership as determined by the sheriff.
(b) The sheriff may require the owner to pay a pro rata
share of the costs, if any, of publication of notice of the
sale of the property.
Section 4. (a) If abandoned or stolen property is sold
under this act, the proceeds of the sale shall be held in a
separate account for a period of six months for the owner.
(b) During the six-month period described in subsection
(a), upon demand by the owner and submission of sufficient
proof of ownership, the sheriff shall pay to the owner the
proceeds of the sale, less any cost of recovery, storage,
maintenance, and sale of the property.
(c) If the proceeds are not claimed within six months,
after deducting and paying all expenses incurred in the
recovery, storage, maintenance, and sale of the property, the
net proceeds shall be paid to the sheriff to be deposited into
the Sheriff's Fund. The funds in the account may be expended
at the discretion of the sheriff and shall be used solely for
law enforcement purposes. The receipts and expenditures of
funds shall be audited by the Department of Examiners of
Public Accounts.
Section 5. Notwithstanding any other provision of this
act to the contrary, any abandoned or stolen firearm that has
been obtained by the Henry County Sheriff's Office or a task
force of the office and that has been unclaimed for a period
of six or more months, as provided in this act, may be used by
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of six or more months, as provided in this act, may be used by
the Henry County Sheriff's Office at its discretion for law
enforcement purposes or, if unlawful or not safe for use in
the discretion of the sheriff, destroyed.
Section 6. This act applies to any abandoned or stolen
property held on or after May 1, 2026.
Section 7. This act shall become effective May 1, 2026.
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Section 7. This act shall become effective May 1, 2026.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 20-Jan-26.
John Treadwell
Clerk
Senate 22-Jan-26 Passed
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