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 742 Original 2018 Regular Session Danahay
Abstract: Provides for the procedure by which unclaimed property seized in connection with a
criminal investigation under the jurisdiction of a municipal police department is disposed.
Present law provides for the procedure for the disposal of certain unclaimed property seized in
connection with any criminal investigation under the jurisdiction of any district attorney, municipal
police department, or state investigative agency.
In such cases, present law provides as follows:
(1)After the lapse of one year from the date the property was seized, the district attorney of the
parish in which the noncontraband property is located is authorized to petition any court in
that parish having proper jurisdiction for the disposal of the property in any lawful manner.
(2)Before any district attorney petitions the court, he shall cause an advertisement of his
intention to seek approval of the court to be placed in the newspaper designated as the
official journal of the parish one time at least ten days prior to filing of his petition, and he
shall mail a copy of the advertisement to the last known owner of the property at his last
known address, postage prepaid, if the owner is known.
(3)The district attorney is required to determine if any of the property for which disposal is
sought is subject to a prior recorded mortgage, lien or security interest held by a federally
insured financial institution.
(4)The petition of the district attorney shall make specific recommendations as to the manner
of disposal for each item of unclaimed noncontraband property and pray for the court to order
its disposal.
(5)The court shall order the disposal of the noncontraband property according to the specific
recommendations contained in the district attorney's petition or in any legal manner within
the sole discretion of the court.
(6)All items of property designated by the court for sale shall be sold either by public sale,
without appraisal, or by public auction conducted by a licensed auctioneer, without appraisal.
(7)If the manner of disposal ordered by the court generates any direct revenue, the proceeds shall be distributed in the following order of priority:
(a)For satisfaction of the costs of the proceedings to dispose of noncontraband
unclaimed property.
(b)30% to the district attorney to defer the expenses of bringing any such action before
the court.
(c)The remaining funds to the investigative agency that stored, maintained, insured, or
bore the administrative costs related to maintaining the property seized in criminal
investigations.
(8)Weapons released to the district attorney, municipal police department, or state investigative
agency by the court shall become the property of that office, department, or agency and may
be disposed of or issued in any manner which that office, department, or agency deems
appropriate.
Proposed law removes applicability of present law for unclaimed property seized in connection with
a criminal investigation of a municipal police department and enacts a separate provision of law to
provide a procedure for the disposal of unclaimed property seized in connection with any criminal
investigation under the jurisdiction of any municipal police department. With respect to the
procedure for disposal of unclaimed property seized in connection with a criminal investigation of
a municipal police department, the effect of proposed law is as follows:
(1)Amends present law to authorize the chief of police, instead of the district attorney, to file
the petition for the disposal of such property and requires the chief of police to advertise in
the official journal of the municipality his intention to petition the court.
(2)If the manner of disposal ordered by the court generates any direct revenue, amends present
law to change how such proceeds are distributed as follows:
(a)For satisfaction of the costs of the proceedings to dispose of noncontraband
unclaimed property.
(b)The remainder of the funds to the investigative agency that stored, maintained,
insured, or bore the administrative costs related to maintaining the property seized
in criminal investigations.
(3)Otherwise retains present law.
(Amends C.Cr.P. Arts. 228.3(1), (2), and (5) and 228.4(intro. para.), (1), and (7); Adds C.Cr.P. Art.
228.5)