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)]
HB 101 Original 2018 Regular Session Zeringue
Abstract: Provides relative to the forfeiture of property used or intended for use in the course of,
derived from, or realized through a pattern of racketeering activity.
Present law provides for the La. Racketeering Act which prohibits persons from conducting or
participating in an enterprise through a pattern of racketeering activity; from receiving, using, or
investing proceeds derived from a pattern of racketeering activity; and from acquiring or maintaining
any interest in or control of any enterprise or immovable property through a pattern of racketeering
activity.
"A pattern of racketeering activity" is defined by present law as engaging in at least two incidents
of "racketeering activity" (which includes certain enumerated present law criminal offenses) that
occur within five years of each other and that have the same or similar intents, results, principals,
victims, or methods of commission or otherwise are interrelated by distinguishing characteristics and
are not isolated incidents.
Present law provides that all property, immovable or movable, including money, used in the course
of, intended for use in the course of, derived from, or realized through, conduct in violation of the
La. Racketeering Act is subject to civil forfeiture to the state.
Proposed law retains present law and provides that except as otherwise provided by the present La.
Racketeering Act, procedures and exceptions for the seizure, forfeiture, and disposal of such property
shall be pursuant to the provisions of present law which provide for the seizure and forfeiture of
property related to the violation of the Uniform Controlled Dangerous Substances Law (R.S. 40:2601
et seq.).
Proposed law is contingently effective upon the passage and adoption of a proposed constitutional
amendment which expands the type of property that may be forfeited and disposed of in a civil
proceeding, as provided by law, to include all property, immovable or movable, including money,
used or intended for use in the course of, derived from, or realized through a pattern of racketeering
activity.
(Amends R.S. 15:1356(A)(1))