Provides for restitution and disgorgement of profits (EN SEE FISC NOTE GF RV See Note)
Impact
The implementation of HB 138 is expected to enhance accountability among public officials and employees by making them liable for restitution when they commit offenses that result in financial damages to the state. Furthermore, the introduction of disgorgement provisions allows the state to recover profits obtained from criminal activities, which serves as a deterrent against public corruption. This legislation underscores the state’s commitment to uphold public trust and to ensure that wrongful financial gains do not go unaddressed.
Summary
House Bill 138 aims to amend various sections of the Louisiana Revised Statutes related to crimes involving public corruption and to introduce provisions for restitution and disgorgement of profits derived from criminal activities. The bill establishes a framework for the state to seek financial recovery from individuals convicted of specific crimes such as public bribery, corrupt influencing, and malfeasance in office. If individuals are found guilty, they may be ordered to pay restitution to cover losses incurred by the state due to their offenses, as well as possible legal interests.
Sentiment
The sentiment surrounding HB 138 is generally positive among proponents who view the bill as a vital step towards combating public corruption and protecting state resources. Advocates argue that it will create a more stringent framework for public accountability, thereby restoring confidence in public service. However, some critics have raised concerns about the bill, suggesting it could lead to increased litigation costs for the state and questioning the feasibility of recovering such profits in practical terms.
Contention
Notable points of contention regarding HB 138 relate to the potential effectiveness of the restitution and disgorgement measures in practice. Critics argue that while the intent of holding public officials accountable is commendable, the enforcement of these provisions may pose challenges. There is also apprehension regarding how the definitions of the applicable crimes and the processes for determining restitution will be clearly established, ensuring that the law is applied fairly and effectively.