Louisiana 2022 Regular Session

Louisiana House Bill HB569

Introduced
3/3/22  
Introduced
3/3/22  
Refer
3/3/22  
Refer
3/3/22  

Caption

Provides for the forfeiture of property

Impact

One significant impact of HB 569 is the increased accountability for law enforcement agencies involved in property seizures. By mandating annual reports that detail the status, type, and value of forfeited property, alongside the outcomes of related criminal cases, the legislation seeks to prevent potential abuse of forfeiture powers. The bill also introduces measures that ensure property owners are informed about forfeiture proceedings affecting their property and maintains a searchable public website for tracking this information. This shift aims to build public trust by making forfeiture practices more transparent.

Summary

House Bill 569 focuses on property forfeiture in the state of Louisiana, proposing amendments and new provisions regarding how property can be seized and forfeited by law enforcement agencies. The bill introduces clearer definitions of key terms related to forfeiture and specifies exemptions for certain property values, particularly protecting residential properties valued under $100,000 and general properties valued under $50,000 from forfeiture. A major aim of the bill is to enhance transparency by requiring the legislative auditor to report annually on seized and forfeited properties, ensuring accountability within law enforcement agencies and judicial systems regarding their forfeiture practices.

Sentiment

The sentiment around HB 569 appears to be generally supportive, particularly from advocates of government transparency and property rights. Proponents believe that the enhanced reporting requirements will curb abuses associated with civil asset forfeiture and protect innocent property owners from unjust seizures. However, there may also be concerns voiced by law enforcement and prosecutorial bodies who argue that excessive reporting requirements could hinder their operations or slow down the legal processes involved in forfeiture.

Contention

While the bill seeks to reform forfeiture practices positively, it also highlights a contentious debate over civil asset forfeiture. Critics argue that even with new exemptions, the potential for wrongful seizures remains. The requirement for comprehensive reporting may be met with resistance from various law enforcement agencies due to concerns about privacy and operational efficiency. Therefore, implementing the new requirements posed by HB 569 could lead to contention between law enforcement interests and civil liberties advocates.

Companion Bills

No companion bills found.

Similar Bills

KS HB2380

Requiring a criminal conviction for civil asset forfeiture, remitting proceeds from civil asset forfeiture to the state general fund, increasing the burden of proof required to forfeit property, making certain property ineligible for forfeiture, providing persons involved in forfeiture proceedings representation by counsel and the ability to demand a jury trial and allowing a person to request a hearing on whether forfeiture is excessive.

KS SB458

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, providing limitations on state and local law enforcement agency requests for federal adoption of a seizure under the act, requiring probable cause affidavit filing and review to commence forfeiture proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence, authorizing courts to order payment of attorney fees and costs for certain claimants and requiring the Kansas bureau of investigation to submit forfeiture fund financial reports to the legislature.

KS HB2606

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, requiring courts to make a finding that forfeiture is not excessive, restricting actions prior to commencement of forfeiture proceedings, requiring probable cause affidavit filing and review to commence proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence and authorizing courts to order payment of attorney fees and costs for certain claimants.

KS HB2396

Requiring a criminal conviction for civil asset forfeiture and proof beyond a reasonable doubt that property is subject to forfeiture, remitting proceeds to the state general fund and requiring law enforcement agencies to make forfeiture reports more frequently.

KS SB237

Requiring a criminal conviction for civil asset forfeiture and proof beyond a reasonable doubt that property is subject to forfeiture, remitting proceeds to the state general fund and requiring law enforcement agencies to make forfeiture reports more frequently.

KS SB137

Authorizing the sale or transfer of forfeited firearms under the Kansas standard asset seizure and forfeiture act to a licensed firearm dealer.

TX SB663

Relating to disposition of proceeds and property from asset forfeiture proceedings under the Code of Criminal Procedure.

TX HB3555

Relating to the disposition and use of proceeds and property from criminal asset forfeiture.