Louisiana 2022 Regular Session

Louisiana House Bill HB820

Introduced

3/15/22

Introduced

3/15/22

Refer

3/16/22

Refer

3/16/22

Report Pass

4/27/22

Report Pass

4/27/22

Engrossed

5/9/22

Engrossed

5/9/22

Refer

5/10/22

Refer

5/10/22

Report Pass

5/17/22

Enrolled

5/31/22

Enrolled

5/31/22

Chaptered

6/21/22

Chaptered

6/21/22

Passed

6/21/22

Passed

6/21/22

Caption

Provides relative to civil forfeiture

Impact

The bill aims to enhance the efficiency of the forfeiture process and ensure that any proceeds from law enforcement actions are fairly allocated among the involved agencies. Significantly, it prioritizes the protection of innocent parties whose assets may be inadvertently involved in criminal activities. The proposed changes are intended to facilitate the lawful allocation of proceeds from forfeitures, offering a clear delineation of how funds are to be distributed among law enforcement, courts, and district attorneys, thus improving transparency in the handling of seized assets.

Summary

House Bill 820 introduces significant changes to the civil forfeiture laws in Louisiana. It provides clear definitions related to forfeiture and establishes a legal framework for the seizure of proceeds and property involved in specified criminal activities, such as identity theft, bank fraud, and money laundering. The bill outlines the procedures for law enforcement to seize property, ensuring that actions are taken based on either a court order or probable cause during arrests or searches. It emphasizes protecting the rights of individuals who are factually innocent from any seizure of their property.

Sentiment

Overall, the sentiment surrounding HB 820 appears to be supportive, particularly among law enforcement and legal entities that benefit from clearer guidelines for forfeiture proceedings. The bill reflects a desire to streamline processes and protect innocent individuals, aligning with broader criminal justice reforms. However, skepticism may exist among civil liberties advocates who often oppose expansive forfeiture laws, viewing them as potential tools for overreach or abuse by law enforcement agencies.

Contention

While the bill has garnered widespread approval, it may still face scrutiny regarding its implications for property rights and the balance of power between law enforcement and the community. Notable points of contention include concerns about the potential for abuse of the forfeiture process and the need for ongoing oversight to ensure that protections for innocent parties are adequately enforced. The inclusion of clear definitions and specific procedures aims to mitigate these concerns, yet ongoing dialogue will be crucial in evaluating the real-world impact of HB 820.

Latest HB820 Activity

Companion Bills

No companion bills found.

Similar Bills

HI SB149

Relating To Property Forfeiture.

LA SB359

Provides for civil forfeiture reform. (8/1/22)

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

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.

HI HB1965

Relating To Property Forfeiture.

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.