ENROLLED
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Regular Session, 2010
HOUSE BILL NO. 8
BY REPRESENTATIVE WILLIAMS
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
having proper jurisdiction for the disposal of the property in any lawful manner.21
Any petition filed pursuant to this Article shall be without cost and on behalf of the22
district attorney, municipal police department, or state investigative agency which23
has custody of the noncontraband property.24 ENROLLEDHB NO. 8
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(2)(a) Before any district attorney petitions the court, he shall cause an1
advertisement of his intention to seek approval of the court to be placed in the2
newspaper designated as the official journal of the parish one time at least ten days3
prior to filing of his petition, and he shall mail a copy of the advertisement to the last4
known owner of the property at his last known address, postage prepaid, if the owner5
is known. If the owner of the property is unknown, no such notice shall be mailed.6
In the petition for disposal, the district attorney shall set forth a brief description of7
the property to be disposed of, the court in which the proceedings will be filed, the8
title of the proceedings, and method or methods of intended disposal.9
(b) The district attorney shall have a duty to determine if any of the property10
for which disposal is sought is subject to a prior recorded mortgage, lien or security11
interest held by a federally insured financial institution defined herein as an “interest12
holder”. If an “interest holder's” name and address are required by law to be recorded13
with the parish clerk of court, the motor vehicle division of the Department of Public14
Safety and Corrections, the vessel division of the Department of Wildlife and15
Fisheries, or another state or federal agency to perfect an interest in the property, and16
the “interest holder's” current address is not known, he shall mail a copy of the notice17
by certified mail, return receipt requested, to any address of record with any of the18
described agencies, or if the “interest holder's” address is not on record, he shall19
notify the “interest holder” by publication as required in Subparagraph (a) of this20
Paragraph.21
(3) The petition of the district attorney shall make specific recommendations22
as to the manner of disposal for each item of unclaimed noncontraband property and23
pray for the court to order its disposal.24
(4) The court shall order the disposal of the noncontraband property25
according to the specific recommendations contained in the district attorney's26
petition or in any legal manner within the sole discretion of the court. If the manner27
of disposal ordered by the court is not in accordance with the manner contained in28
the district attorney's petition, the district attorney may withdraw the petition.29 ENROLLEDHB NO. 8
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(5) All items of property designated by the court for sale shall be sold either1
by public sale, without appraisal, or by public auction conducted by a licensed2
auctioneer, without appraisal.3
(6) If the manner of disposal ordered by the court generates any direct4
revenue, the proceeds shall be distributed in the following order of priority:5
(a) For satisfaction of the costs of the proceedings to dispose of6
noncontraband unclaimed property.7
(b) Thirty percent to the district attorney to defer the expenses of bringing8
any such action before the court.9
(c) The remaining funds to the investigative agency that stored, maintained,10
insured, or bore the administrative costs as is related to maintaining the property11
seized in criminal investigations.12
(7) Weapons released to the district attorney, municipal police department,13
or state investigative agency by the court pursuant to this Article shall become the14
property of that office, department, or agency and may be disposed of or issued in15
any manner which that office, department, or agency deems appropriate.16
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: