RDCSB383 2697 2242
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)]
SB 383 Reengrossed 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 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. However, proposed law provides that the contraband shall be presumed necessary
as evidence if an appeal of the conviction is pending, if the convicted person is pursuing
post-conviction remedies, or the time for pursuing an appeal or post-conviction remedies has
not expired.
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)(intro. para.); Repeals R.S. 14:40.3(C)(4)(a) and (b),
46.2(B)(4)(a) and (b), 46.3(D)(3)(a) and (b), 80(D)(2)(a) and (b), 81(F), (G), and (H)(3)(a)
and (b), 81.1(E)(5)(c) and (d) and (F)(1), 81.2(E)(1) and (2), 81.3(B)(4)(a) and (b), (G), and
(H), 82.1(D)(4)(a) and (b), 83(B)(5)(a) and (b), 83.1(B)(4)(a) and (b), 83.2(B)(4)(a) and (b),
84(B)(4)(a) and (b), 85(B)(4)(a) and (b), 86(B)(2) and (3), 104(B)(4)(a) and (b),
105(B)(4)(a) and (b), 282(B)(4)(a) and (b), and 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.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the reengrossed bill:
1. Add that, for purposes of proposed law, contraband shall be presumed necessary
as evidence if an appeal of the conviction is pending, if the convicted person is
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pursuing post-conviction remedies, or the time for pursuing an appeal or post-
conviction remedies has not expired.
2. Make technical changes.
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