RÉSUMÉ DIGEST
ACT 368 (HB 304) 2017 Regular Session Hilferty
Existing law (R.S. 14:64) provides for the offense of armed robbery which is the taking of
anything of value belonging to another from the person of another, by use of force or
intimidation, while armed with a dangerous weapon.
Existing law (R.S. 14:64.3) provides for an additional offense when the crime of armed
robbery, or attempted armed robbery, is committed with a firearm.
Existing law (R.S. 15:1352) defines "racketeering activity" by enumerating various crimes
which can be prosecuted as a pattern of racketeering activity if at least two incidents of the
crimes occur.
New law retains existing law and adds the existing law crimes of armed robbery (R.S. 14:64)
and armed robbery or attempted armed robbery committed with a firearm (R.S. 14:64.3) to
the list of offenses included in the definition of "racketeering activity".
Existing law (R.S. 15:1354 and 1356) provides for increased criminal penalties for
convictions of racketeering and also provides for forfeiture of the property used in or derived
from the racketeering activity.
Prior law (R.S. 15:1356) provided that the allocation of proceeds from the forfeiture of the
property used in or derived from the racketeering activity shall be as follows:
(1)The costs of investigation paid to the law enforcement agency conducting the
investigation.
(2)25% of the proceeds, including the costs of prosecution, shall be paid to the district
attorney's six percent fund, or in parishes where no such fund exists, to the district
attorney's office.
(3)75% of the proceeds shall be allocated to law enforcement agencies based on the
court's determination of the following:
(a)When more than one law enforcement agency has equally participated in the
management of the investigation, seizure, and forfeiture, the proceeds shall
be allocated equally among them.
(b)When one law enforcement agency has conducted or substantially conducted
the investigation, the proceeds shall be allocated to such agency, with costs
reimbursed to the other agencies, not to exceed 10% of the proceeds allocated
to the primary law enforcement agency.
New law amends prior law to allocate 25% of the proceeds to the judicial district indigent
defender fund, and decrease the amount allocated to law enforcement agencies from 75% to
50% of the proceeds.
Effective August 1, 2017.
(Amends R.S. 15:1356(A)(3)(intro. para.); Adds R.S. 15:1352(A)(64) and (65))