HLS 12RS-1391 ORIGINAL
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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. 893
BY REPRESENTATIVE FANNIN
SHERIFFS: Provides for vacancies when a deputy sheriff has not been appointed
AN ACT1
To amend and reenact R.S. 13:5538(B), relative to election of sheriffs; to authorize an2
elected sheriff to take office prior to the beginning of the term; to authorize an3
appointed sheriff to seek future election; to provide for retroactive application; and4
to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 13:5538(B) is hereby amended and reenacted to read as follows: 7
ยง5538. Election; penalty for acting as sheriff without having properly qualified;8
term of office9
* * *10
B. Except for the civil and criminal sheriff in the parish of Orleans and11
except for sheriffs elected at special elections, each sheriff shall be elected at the12
gubernatorial election, shall serve for a term of four years, and shall take office and13
begin his term on the first day of July following election. If an office becomes14
vacant after the election but prior to the beginning of the term, the elected sheriff15
shall take office immediately. If an elected sheriff is appointed to fill an unexpired16
term, he shall not be prohibited from seeking office at any future election for sheriff.17
* * *18
Section 2. This Act is declared to be remedial, curative, and procedural and therefore19
is to be applied retroactively as well as prospectively.20 HLS 12RS-1391 ORIGINAL
HB NO. 893
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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. 893
Abstract: Authorizes an elected sheriff to take office prior to the beginning of a term and
to seek office in the future.
Present law requires each sheriff to be elected at the gubernatorial election and to take office
on July 1
st
following the election and to serve for a term of 4 years with the exception of the
civil and criminal sheriff in the parish of Orleans and sheriffs elected at special elections.
Proposed law retains present law and adds a provision for an elected sheriff to take office
immediately if the office becomes vacant after the election but prior to the beginning of the
term.
Proposed law authorizes an elected sheriff that is appointed to fill an unexpired term to seek
office at any future election for sheriff.
(Amends R.S. 13:5538(B))