Louisiana 2017 Regular Session

Louisiana House Bill HB304 Latest Draft

Bill / Chaptered Version

                            ENROLLED
ACT No. 368
2017 Regular Session
HOUSE BILL NO. 304
BY REPRESENTATIVE HILFERTY
1	AN ACT
2 To amend and reenact R.S. 15:1356(A)(3)(introductory paragraph) and to enact R.S.
3 15:1352(A)(64) and (65), relative to racketeering activity; to add offenses relative
4 to armed robbery to the definition of "racketeering activity"; to provide relative to
5 distribution of proceeds from forfeited property; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1.  R.S. 15:1356(A)(3)(introductory paragraph) is hereby amended and
8 reenacted and R.S. 15:1352(A)(64) and (65) are hereby enacted to read as follows: 
9 §1352.  Definitions
10	A.  As used in this Chapter, "racketeering activity" means committing,
11 attempting to commit, conspiring to commit, or soliciting, coercing, or intimidating
12 another person to commit any crime that is punishable under the following
13 provisions of Title 14 of the Louisiana Revised Statutes of 1950, the Uniform
14 Controlled Dangerous Substances Law, or the Louisiana Securities Law:
15	*          *          *
16	(64)  R.S. 14:64 (Armed robbery)
17	(65)  R.S. 14:64.3  (Armed robbery; attempted armed robbery; use of firearm;
18 additional penalty)
19	*          *          *
20 §1356. Civil remedies 
21	A.(1) 
22	*          *          *
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 304	ENROLLED
1	(3) The allocation of proceeds from such forfeiture and disposition shall be
2 determined by the court in accordance with each law enforcement entity's
3 participation in the investigation, seizure, and forfeiture process. Prior to such
4 allocation, the costs of investigation shall be paid to the law enforcement agency
5 conducting the investigation, and twenty-five percent of the proceeds, including the
6 costs of prosecution shall be paid to the district attorney's six percent fund, or in
7 parishes where no such fund exists, to the district attorney's office, and twenty-five
8 percent shall be paid to the judicial district indigent defender fund. The court shall
9 make an allocation of the remaining seventy-five fifty percent of the proceeds based
10 on the following determination: 
11	*          *          *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:  
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.