HLS 19RS-3083 ORIGINAL
2019 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 101
BY REPRESENTATIVE STEFANSKI
CRIMINAL/FORFEITURE: Establishes the Louisiana Commission on Civil Asset
Forfeiture
1 A CONCURRENT RESOL UTION
2To establish the Louisiana Commission on Civil Asset Forfeiture to make recommendations
3 regarding reforming current asset forfeiture laws that allow law enforcement to seize
4 and forfeit assets from criminals while better protecting the due process rights of
5 Louisiana residents.
6 WHEREAS, civil asset forfeiture is the process by which law enforcement can take
7ownership of a person's property without having to charge or convict the individual of a
8crime; and
9 WHEREAS, law enforcement should have the tools necessary to forfeit property
10used in the commission of a crime or the fruits of criminal activity; and
11 WHEREAS, current civil asset forfeiture laws in Louisiana do not adequately protect
12the rights of innocent property owners; and
13 WHEREAS, because civil asset forfeiture is done through civil and not criminal
14courts, the government need only prove that the property in question is more likely than not
15connected to or the result of criminal activity, instead of the criminal court's heightened
16evidentiary standard of beyond a reasonable doubt; and
17 WHEREAS, Louisiana civil asset forfeiture laws put the burden of proof on the
18owner of the property instead of the government, making it difficult for innocent owners to
19reclaim seized property; and
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HCR NO. 101
1 WHEREAS, under Louisiana law, law enforcement retains a large portion of the
2proceeds from asset forfeiture, while the remaining proceeds go to the criminal court fund,
3providing perverse incentives for both law enforcement and the court system; and
4 WHEREAS, Louisiana has forfeited $122,441,784 in property and cash and received
5an additional $57,206,555 from the "equitable sharing program", which allows Louisiana
6law enforcement to receive property from a person through joint ventures with the federal
7government; and
8 WHEREAS, Louisiana law does not provide for adequate reporting requirements,
9making it impossible for Louisiana residents to know which property forfeited is tied to a
10criminal conviction and how the money is spent by law enforcement and the courts; and
11 WHEREAS, since 2014, thirty-one states and the District of Columbia have made
12changes to their civil asset forfeiture laws to better protect the rights of property owners
13while still allowing for law enforcement to remove property from criminals; and
14 WHEREAS, at least sixteen states require a criminal conviction to forfeit all or some
15types of property and offenses; and
16 WHEREAS, it is time for Louisiana to look into current civil asset forfeiture
17practices to determine if changes are necessary to better protect the rights of property owners
18while allowing law enforcement to remove property from the hands of criminals.
19 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana establishes the
20Louisiana Commission on Civil Asset Forfeiture to study and make recommendations
21regarding the practice of civil asset forfeiture to better protect innocent property owners
22while allowing law enforcement to remove ill-derived property and the property used to
23commit crimes from criminals.
24 BE IT FURTHER RESOLVED that the purpose of the commission is to determine
25whether the civil asset forfeiture laws provide ample due process for Louisiana property
26owners; whether current asset forfeiture laws provide ample transparency into the forfeiture
27process; how much property and cash is forfeited; how many forfeited assets are tied to a
28conviction; and how forfeited assets are spent, used, or both by law enforcement and the
29judiciary.
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HCR NO. 101
1 BE IT FURTHER RESOLVED that the commission shall be composed of
2representatives from relevant state agencies, interested associations, and other interested
3parties, including, but not limited to all of the following:
4 (1) The chief justice or her designee, who shall serve as the co-chair of the
5commission.
6 (2) The governor or his designee.
7 (3) The author of this Resolution or his designee, who shall serve as the co-chair of
8the commission.
9 (4) The speaker of the House of Representatives or his designee.
10 (5) The president of the Senate or his designee.
11 (6) The chair of the House Committee on the Administration of Criminal Justice.
12 (7) The chair of the House Committee on Judiciary.
13 (8) The chair of the Senate Committee on Judiciary B.
14 (9) The chair of the Senate Committee on Judiciary C.
15 (10) The attorney general or his designee.
16 (11) A representative from the division of administration appointed by the
17commissioner of administration.
18 (12) A representative of the Louisiana Municipal Association, appointed by the
19Louisiana Municipal Association.
20 (13) The president of the Louisiana Sheriffs' Association or his designee.
21 (14) Two district attorneys appointed by the president of the Louisiana District
22Attorneys Association.
23 (15) A representative of the Louisiana Bar Association, appointed by the Louisiana
24Bar Association.
25 (16) An attorney appointed by the Louisiana Bar Association, who is currently
26licensed to practice law in Louisiana, is in good standing with the Louisiana Bar, and has
27previously represented clients in civil asset forfeiture cases in Louisiana.
28 (17) Two district court judges, one appointed by the chief justice of the Louisiana
29Supreme Court and one appointed by the Louisiana District Judges Association.
30 (18) Two representatives from the Louisiana Smart on Crime Coalition.
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HCR NO. 101
1 BE IT FURTHER RESOLVED that the duties of the commission shall include but
2not be limited to all of the following:
3 (1) Review and evaluate current asset forfeiture laws in Louisiana.
4 (2) Determine the amount of property and cash forfeited for the past three years in
5each parish.
6 (3) Determine the median value of the property and cash forfeited for the past three
7years in each parish.
8 (4) Determine what types of property were forfeited and the number of forfeitures
9of each type of property for the past three years in each parish.
10 (5) Determine how many asset forfeiture cases are in connection with a criminal case
11and the disposition of those cases.
12 (6) Evaluate asset forfeiture reporting requirements and whether they provide ample
13transparency to the residents of Louisiana.
14 (7) How forfeited assets are spent or used by law enforcement and the judiciary.
15 (8) Collect necessary data to accomplish the purposes set forth in this Resolution.
16 (9) Recommend any appropriate changes to relevant laws, administrative rules, and
17policies of law enforcement and the judiciary.
18 BE IT FURTHER RESOLVED that the commission may request and collect relevant
19and necessary data and information to accomplish its purposes from state and local
20government entities.
21 BE IT FURTHER RESOLVED that the entities and court systems from which such
22information and data is requested may, to the extent feasible, provide such information and
23data to the commission at no cost.
24 BE IT FURTHER RESOLVED that a majority of the membership of the commission
25shall constitute a quorum and shall meet at the call of the chairpersons, or upon an
26affirmative vote of a majority of the commission members. All members shall be notified
27in writing of all meetings at least five days before the date on which a meeting of the
28commission is scheduled.
29 BE IT FURTHER RESOLVED that the commission shall meet no less than monthly
30and shall provide a report of its initial findings and recommendations to the governor and
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HCR NO. 101
1the Legislature of Louisiana no later than February 1, 2020, and any further reports or
2recommendations thereafter as requested by the governor or the legislature, or as advised by
3the commission.
4 BE IT FURTHER RESOLVED that the meetings of the commission shall take place
5at the Louisiana State Capitol and the first meeting of the commission shall take place no
6later than September 1, 2019.
7 BE IT FURTHER RESOLVED that the commission shall request and secure
8qualified technical assistance and support through the establishment of an academic
9partnership or from public or private stakeholders and entities with qualified expertise in the
10commission's focus areas.
11 BE IT FURTHER RESOLVED that the division of administration and the office of
12the judicial administrator of the Louisiana Supreme Court shall provide administrative
13assistance and staffing as may be necessary to enable the commission to accomplish its
14duties.
15 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to each
16of the commission members and the appointing entities provided in this Resolution.
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)]
HCR 101 Original 2019 Regular Session Stefanski
Establishes the La. Commission on Civil Asset Forfeiture to make recommendations
regarding reforming current asset forfeiture laws that allow law enforcement to seize and
forfeit assets from criminals while better protecting the due process rights of La. residents.
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