HASBSB359 TYLERT 4465
SENATE SUMMARY OF HOUSE AMENDMENTS
SB 359 2022 Regular Session Jackson
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
SEIZURES/SALES. Provides for civil forfeiture reform.
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
1. Provides for "good cause" as to incarceration of the owner or interest
holder.
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
DIGEST
SB 359 Reengrossed 2022 Regular Session Jackson
Present law provides relative to the seizure and forfeiture of property related to certain
violations of present law (Uniform Controlled Dangerous Substances Law).
Present law provides for forfeiture proceedings that includes authorizing the district attorney
to delay filing the judicial forfeiture proceeding for 180 days, if a claimant files a request for
a stipulation of exemption.
Proposed law retains present law and authorizes the delay if an extension to file a claim is
granted.
Present law provides notice is effective upon personal service, publication, or mailing of the
notice whichever is earlier. Proposed law changes effectiveness from mailing the written
notice to receipt of a written notice by certified mail.
Present law requires the notice include a description of the property, the date and place of
seizure, the conduct giving rise to forfeiture or the violation of law alleged, and a summary
of procedures and procedural rights applicable to the forfeiture action. Proposed law retains
present law.
Present law authorizes only an owner of or interest holder in property seized for forfeiture
to file a claim. Further, requires the claim to be mailed to the seizing agency and to the
district attorney by certified mail, return receipt requested, within 30 days after Notice of
Pending Forfeiture.
Proposed law retains present law and authorizes a court to grant an extension of time for the
filing of a claim for good cause shown and that good cause includes incarceration of the
owner or interest holder. Provides that incarceration of the owner or interest holder during
the original 30 day period creates a rebuttable presumption of good cause as to the owner or
interest holder.
Proposed law requires motion granting an extension be filed within 60 days after receipt of
the Notice of Pending Forfeiture.
Effective August 1, 2022.
(Amends R.S. 40: 2608(A)(1), (2), and (4) and 2610(A))
______________________
Thomas L. Tyler
Senate Counsel