SLS 13RS-414 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2013
SENATE BILL NO. 97
BY SENATOR ADLEY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL PROCEDURE. Provides relative to public sales and auctions. (gov sig)
AN ACT1
To amend and reenact R.S. 40:2616(A)(1), relative to public sales and auctions; to provide2
that property forfeited under the Uniform Controlled Dangerous Substances Act is3
subject to public sale or public auction; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 40:2616(A)(1) is hereby amended and reenacted to read as follows:6
ยง2616. Allocation of forfeited property; creation of special funds; reporting7
A.(1) Except as provided in Paragraph (2) of this Subsection, when property8
is forfeited under the provisions of this Chapter, the district attorney shall authorize9
a public sale or an a public auction sale conducted by a licensed auctioneer, without10
appraisal, of that which is not required by law to be destroyed and which is not11
harmful to the public. The proceeds of any sale and any monies forfeited or obtained12
by judgment or settlement under this Section shall be deposited in the Special Asset13
Forfeiture Fund as established herein until disposed of pursuant to court order.14
* * *15
Section 2. This Act shall become effective upon signature by the governor or, if not16
signed by the governor, upon expiration of the time for bills to become law without signature17 SB NO. 97
SLS 13RS-414 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If1
vetoed by the governor and subsequently approved by the legislature, this Act shall become2
effective on the day following such approval.3
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Present law provides that when property is forfeited under the provisions of the Uniform
Controlled Dangerous Substances Law, the district attorney is to authorize a public sale or
an auction conducted by a licensed auctioneer, without appraisal, of whatever forfeited
property that is not required by law to be destroyed and that is not harmful to the public.
Proposed law clarifies that any auction of property forfeited under the Uniform Controlled
Dangerous Substances Law is to be a public auction.
Proposed law otherwise retains present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 40:2616(A)(1))