ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 1197 (Substitute for House Bill No. 893 by Representative Fannin)
BY REPRESENTATIVE FANNIN
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
ยง602. 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
on a Saturday, Sunday, or other legal holiday, then the next day which is not a23
Saturday, Sunday, or legal holiday shall be deemed to be the final day for making24
such appointment.25 ENROLLEDHB NO. 1197
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(b) If the vacancy in the office of sheriff occurs after a regularly scheduled1
election for the office of sheriff but prior to the beginning of the term and there is no2
chief deputy sheriff as provided in Paragraph (1) of this Subsection to assume the3
duties of the office, the parish governing authority may appoint the person who was4
elected to the office of sheriff in the regular election to assume the duties of the5
office in the manner provided in Subparagraph (a) of this Paragraph.6
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E.(1)8
* * *9
(c) If a sheriff is removed or suspended from office pursuant to the10
provisions of R.S. 42:1411 or 1412 and a person is appointed to assume the duties11
of the office pursuant to Subparagraph (C)(2)(b) of this Section, the person so12
appointed shall be eligible in the next election as a candidate for the office to which13
he is appointed.14
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Section 2. This Act is declared to be remedial and curative and therefore is to be16
applied retroactively as well as prospectively.17
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: