Louisiana House Bill HB320

Louisiana 2010 Regular Session

• Introduced: 3/29/10
• Refer: 3/29/10
• Report Pass: 4/14/10
• Engrossed: 4/21/10
• Report Pass: 6/2/10
• Enrolled: 6/10/10
• Chaptered: 6/21/10
• Passed: 6/21/10

Caption

Provides for the confiscation and destruction of a criminal instrument

Impact

If enacted, HB320 would significantly impact state laws regarding forfeiture and the management of criminal evidence. The bill stipulates that any item used in the commission of a crime, which has been determined unnecessary for judicial purposes, can be classified as contraband and subsequently destroyed or disposed of by law enforcement. This measure aims to streamline the process for dealing with evidence while ensuring that law enforcement has clear guidelines on what can be discarded and how the disposing should occur.

Summary

House Bill 320, introduced by Representative Richardson, addresses the confiscation and destruction of items categorized as 'criminal instruments.' The legislation enables law enforcement officers to confiscate any such instruments used in the commission of an offense, with specific procedures outlined for disposal. This includes firearms, which are to be disposed of according to separate firearm regulations. The intention behind the bill is to clarify the authority of law enforcement regarding the handling of items that are no longer needed as evidence or in court proceedings.

Sentiment

The sentiment surrounding HB320 appears to be generally supportive among certain legislative members who see the bill as a necessary update to existing laws on forfeiture and evidence disposal. Supporters argue that it provides law enforcement with essential tools to manage the outcomes of crime more effectively. However, there may also be skepticism from civil rights advocates who could perceive the broad definitions and powers regarding 'criminal instruments' as potentially leading to abuses or overreach in law enforcement practices.

Contention

Notable points of contention around the bill could arise from the definitions outlined in the legislation, particularly regarding what constitutes a 'criminal instrument.' Critics may argue that the bill gives too much power to law enforcement without sufficient checks and balances, particularly concerning items that might be deemed valuable beyond their association with criminal activity. The discussions could engage broader topics of civil liberties and the implications of destruction without judicial oversight.