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Regular Session, 2012
HOUSE BILL NO. 1197 (Substitute for House Bill No. 893 by Representative Fannin)
BY REPRESENTATIVE FANNIN
SHERIFFS: Provides relative to the filling of a vacancy in the office of sheriff under certain
circumstances
AN ACT1
To amend and reenact R.S. 18:602(C) and to enact R.S. 18:602(E)(1)(c), relative to2
vacancies in the office of sheriff; to provide for the filling of such vacancies under3
certain circumstances; to provide relative to the eligibility of the person filling such4
a vacancy to seek the office; to provide for retroactive application; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 18:602(C) is hereby amended and reenacted and R.S. 18:602(E)(1)(c)8
is hereby enacted to read as follows: 9
§602. Vacancies in certain local and municipal offices; exceptions10
* * *11
C.(1) When a vacancy occurs in any of the following offices, the duties of12
the office shall be assumed by the person hereinafter designated: (1) (a) district13
attorney, by the first assistant; (2) (b) clerk of a district court, by the chief deputy;14
(3) (c) coroner, by the chief deputy; (4) (d) sheriff, by the chief criminal deputy,15
except that in a parish that has both a civil sheriff and a criminal sheriff, the civil16
sheriff by the chief civil deputy, and the criminal sheriff, by the chief criminal17
deputy, respectively; and (5) (e) tax assessor, by the chief deputy assessor. 18
(2)(a) If there is no such person to assume the duties when the vacancy19
occurs, the governing authority or authorities of the parish or parishes affected shall,20
within ten days, appoint a person having the qualifications of the office to assume21
the duties of the office. However, if the deadline for making the appointment falls22 HLS 12RS-2676 ENGROSSED
HB NO. 1197
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on a Saturday, Sunday, or other legal holiday, then the next day which is not a1
Saturday, Sunday, or legal holiday shall be deemed to be the final day for making2
such appointment.3
(b) If the vacancy in the office of sheriff occurs after a regularly scheduled4
election for the office of sheriff but prior to the beginning of the term and there is no5
chief deputy sheriff as provided in Paragraph (1) of this Subsection to assume the6
duties of the office, the parish governing authority may appoint the person who was7
elected to the office of sheriff in the regular election to assume the duties of the8
office in the manner provided in Subparagraph (a) of this Paragraph.9
* * *10
E.(1)11
* * *12
(c) If a sheriff is removed or suspended from office pursuant to the13
provisions of R.S. 42:1411 or 1412 and a person is appointed to assume the duties14
of the office pursuant to Subparagraph (C)(2)(b) of this Section, the person so15
appointed shall be eligible in the next election as a candidate for the office to which16
he is appointed.17
* * *18
Section 2. This Act is declared to be remedial and curative and therefore is to be19
applied retroactively as well as prospectively.20
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)]
Fannin HB No. 1197
Abstract: Provides for a newly elected sheriff to be appointed to fill a vacancy in the office
of sheriff for the remainder of the term under certain circumstances and clarifies that
such person is eligible to seek the office in instances where the newly elected sheriff
is appointed to fill a vacancy created by the removal from office of a sheriff because
of a felony conviction.
Present constitution (Const. Art. V, §30) and present law (Election Code-R.S. 18:602)
provides that when a vacancy occurs in the office of sheriff the duties of the office shall be
assumed by the chief criminal deputy until it is filled by election as provided by law. HLS 12RS-2676 ENGROSSED
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Provides that if there is no such person to assume the duties when the vacancy occurs, the
governing authority of the parish shall appoint a qualified person to assume the duties of the
office until filled by election. Present law (Election Code-R.S. 18:602) further provides that
if the unexpired term is one year or less, no special election to fill the vacancy is called and
the person appointed to fill the vacancy or designated to assume the duties of the office shall
serve for the remainder of the term.
Present law (R.S. 42:1411 and 1412) provides that a public officer shall be removed from
office for conviction of a felony during his term of office. Provides that the conviction
automatically suspends the person from his public office until the conviction is final and
provides for removal of the convicted public officer by judgment of the district court of the
district in which he is domiciled. Provides that during the period of suspension, another
qualified person shall be appointed to fulfill the duties and functions of the office. Specifies
that no person so appointed shall be eligible in the next election as a candidate for the office
to which he is appointed except as otherwise provided by present law (R.S. 18:602(E)(1)).
Proposed law provides that if a vacancy in the office of sheriff occurs after a regularly
scheduled election but prior to the beginning of the term and there is no chief deputy sheriff
to assume the office, the parish governing authority may appoint the person who was elected
to the office of sheriff in the regular election to assume the duties of the office. Proposed
law (R.S. 18:602(E)(1)(c)) further provides that if a sheriff is removed or suspended from
office pursuant to the provisions of present law (R.S. 42:1411 or 1412) and the newly elected
sheriff is appointed to assume the duties of the office pursuant to proposed law, the person
so appointed shall be eligible in the next election as a candidate for the office to which he
is appointed.
Provides that the provisions of the Act are remedial and curative and are to be applied
retroactively as well as prospectively.
(Amends R.S. 18:602(C); Adds R.S. 18:602(E)(1)(c))