The original instrument was prepared by Yoursheka George. The following digest,
which does not constitute a part of the legislative instrument, was prepared by Alden
A. Clement, Jr.
DIGEST
SB 383 Engrossed 2020 Regular Session Reese
Present law requires personal property to be forfeited following the conviction of certain sex
offenses.
Present law requires the district attorney to conduct a public sale or public auction to sell or auction
property forfeited following the conviction of certain sex offenses otherwise required by present law
to be destroyed.
Proposed law removes misdemeanor offenses and includes all felony sex offenses from the list of
offenses subject to asset forfeiture and sale. Proposed law further provides for the destruction of
forfeited property upon motion of the district attorney and, after a contradictory hearing, that the
seized property is no longer needed as evidence.
Present law provides that the proceeds received from the sale or auction of the forfeited property be
used to pay the costs of the public sale or auction, court costs, and fees related to seizure and storage
of the property. Present law further provides that the restitution granted to the victim be paid after
the foregoing costs are satisfied.
Proposed law retains present law.
Proposed law deletes from present law provisions relative to forfeiture and sale of property and
disposition of evidence relative to certain sex offenses that are redundant with proposed law.
Effective August 1, 2020.
(Amends R.S. 15:539.1 and 539.3(A); repeals R.S. 14:40.3(C)(4)(a) and (b), 14:46.2(B)(4)(a) and
(b), 14:46.3(D)(3)(a) and (b), 14:80(D)(2)(a) and (b), 14:81(F), (G), and (H)(3)(a) and (b),
14:81.1(E)(5)(c) and (d) and (F)(1), 14:81.2(E)(1) and (2), 14:81.3(B)(4)(a) and (b) and (G) and (H),
14:82.1(D)(4)(a) and (b), 14:83(B)(5)(a) and (b), 14:83.1(B)(4)(a) and (b), 14:83.2(B)(4)(a) and (b),
14:84(B)(4)(a) and (b), 14:85(B)(4)(a) and (b), 14:86(B)(2) and (3), 14:104(B)(4)(a) and (b),
14:105(B)(4)(a) and (b), 14:282(B)(4)(a) and (b), and 14:283(D) and (E))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the original bill
1. Deletes from present law provisions relative to forfeiture and sale of property and
disposition of evidence relative to certain sex offenses that are redundant with proposed law.