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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 8
BY REPRESENTATIVE WILLIAMS
CRIMINAL/PROCEDURE: Provides for the disposal of noncontraband unclaimed property
seized in certain criminal investigations
AN ACT1
To enact Code of Criminal Procedure Article 228.4, relative to the disposal of2
noncontraband unclaimed property seized in certain criminal investigations; to3
provide for the disposal of noncontraband unclaimed property seized in criminal4
investigations; to provide for the procedure for petitioning the court for the disposal5
of the noncontraband unclaimed property; to provide for the distribution of proceeds6
derived from the disposal of the noncontraband unclaimed property; and to provide7
for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Code of Criminal Procedure Article 228.4 is hereby enacted to read as10
follows: 11
Art. 228.4. Disposal of noncontraband unclaimed property seized in criminal12
investigations13
Any noncontraband unclaimed property seized in connection with any14
criminal investigation under the jurisdiction of any district attorney, municipal police15
department, or state investigative agency shall, if it remains unclaimed for more than16
one year after its seizure and provided it is not needed in any criminal proceeding,17
be disposed of in the following manner:18
(1) After the lapse of one year, the district attorney of the parish in which the19
noncontraband property is located is authorized to petition any court in that parish20 HLS 10RS-228 ENGROSSED
HB NO. 8
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having proper jurisdiction for the disposal of the property in any lawful manner.1
Any petition filed pursuant to this Article shall be without cost and on behalf of the2
district attorney, municipal police department, or state investigative agency which3
has custody of the noncontraband property.4
(2) Before any district attorney petitions the court, he shall cause an5
advertisement of his intention to seek approval of the court to be placed in the6
newspaper designated as the official journal of the parish one time at least ten days7
prior to filing of his petition, and he shall mail a copy of the advertisement to the last8
known owner of the property at his last known address, postage prepaid, if the owner9
is known. If the owner of the property is unknown, no such notice shall be mailed.10
In the petition for disposal, the district attorney shall set forth a brief description of11
the property to be disposed of, the court in which the proceedings will be filed, the12
title of the proceedings, and method or methods of intended disposal.13
(3) The petition of the district attorney shall make specific recommendations14
as to the manner of disposal for each item of unclaimed noncontraband property and15
pray for the court to order its disposal.16
(4) The court shall order the disposal of the noncontraband property17
according to the specific recommendations contained in the district attorney's18
petition or in any legal manner within the sole discretion of the court. If the manner19
of disposal ordered by the court is not in accordance with the manner contained in20
the district attorney's petition, the district attorney may withdraw the petition.21
(5) If the manner of disposal ordered by the court generates any direct22
revenue, the proceeds shall be distributed in the following order of priority:23
(a) For satisfaction of the court, costs of the proceedings to dispose of24
noncontraband unclaimed property.25
(b) Thirty percent to the district attorney to defer the expenses of bringing26
any such action before the court.27 HLS 10RS-228 ENGROSSED
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(c) The remaining funds to the investigative agency that stored, maintained,1
insured, or bore the administrative costs as is related to maintaining the property2
seized in criminal investigations.3
(6) Weapons donated to the district attorney, municipal police department,4
or state investigative agency by the court pursuant to this Article shall become the5
property of that office, department, or agency and may be disposed of or issued in6
any manner which that office, department, or agency deems appropriate.7
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Williams HB No. 8
Abstract: Provides procedures for the disposal of noncontraband unclaimed property which
has been seized pursuant to certain criminal investigations.
Proposed law provides procedures for the disposal of any noncontraband unclaimed property
seized in connection with any criminal investigation under the jurisdiction of any district
attorney, municipal police department, or state investigative agency if it remains unclaimed
for more than one year after its seizure.
Proposed law provides for the distribution of any revenue which is derived from the disposal
of the unclaimed noncontraband property.
(Adds C.Cr.P. Art. 228.4)