2022 Regular Session ENROLLED
SENATE BILL NO. 359
BY SENATOR JACKSON
1 AN ACT
2 To amend and reenact R.S. 40:2608(A)(1), (2), and (4) and 2610(A), relative to forfeiture;
3 to provide relative to receipt of notice of forfeiture; to provide relative to extension
4 of time for filing of claims to seized property; to provide relative to time limits; and
5 to provide for relative matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 40:2608(A)(1), (2), and (4) and 2610(A) are hereby amended and
8 reenacted to read as follows:
9 §2608. Commencement of forfeiture proceedings; notice of pending forfeiture;
10 property release requirements
11 * * *
12 A. Forfeiture proceedings shall be commenced as follows:
13 (1)(a) When the district attorney intends to forfeit property, pursuant to the
14 provisions of this Chapter, he shall provide the owner and interest holder with a
15 written assertion within forty-five days after actual or constructive seizure, except
16 in cases in which the property is held for evidentiary purpose, the district attorney
17 shall institute forfeiture proceedings within forty-five days after the final disposition
18 of all criminal proceedings associated with the conduct giving rise to forfeiture.
19 (b) If the district attorney fails to initiate forfeiture proceedings against
20 property seized for forfeiture by serving Notice of Pending Forfeiture within one
21 hundred twenty days after its seizure for forfeiture or if the state fails to pursue
ACT No. 698
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1 forfeiture of the property upon which a timely claim has been properly served by
2 filing a Petition for Forfeiture proceeding within ninety days after Notice of Pending
3 Forfeiture, or if the district attorney fails to provide a written assertion, pursuant to
4 the provisions of this Paragraph, the property shall be released from its seizure for
5 forfeiture on the request of an owner or interest holder, pending further proceedings
6 pursuant to the provisions of this Chapter.
7 (b)(c) When no written assertion has been given to the claimant, within the
8 time delays provided herein, the claimant may file a Motion for Release of Seized
9 Property pursuant to the criminal jurisdiction of the court.
10 (2) If, after Notice of Pending Forfeiture, a claimant files a request for
11 stipulation of exemption pursuant to R.S. 40:2609 or is granted an extension to
12 file a claim pursuant to R.S. 40:2610, the district attorney may delay filing the
13 judicial forfeiture proceeding for a total of one hundred eighty days after the service
14 of Notice of Pending Forfeiture.
15 * * *
16 (4) Notice is effective upon personal service, publication, or the receipt
17 mailing of a written notice by certified mail, whichever is earlier, and shall include
18 a description of the property, the date and place of seizure, the conduct giving rise
19 to forfeiture or the violation of law alleged, and a summary of procedures and
20 procedural rights applicable to the forfeiture action.
21 * * *
22 §2610. Claims
23 A. Only an owner of or interest holder in property seized for forfeiture may
24 file a claim, and shall do so in the manner provided in this Section. The claim shall
25 be mailed to the seizing agency and to the district attorney by certified mail, return
26 receipt requested, within thirty days after Notice of Pending Forfeiture. No extension
27 of time for the filing of a claim shall be granted. The court may grant an extension
28 of time for the filing of a claim pursuant to this Section for good cause shown.
29 Incarceration of an owner or interest holder during the original thirty-day
30 period shall create a rebuttable presumption of good cause as to the owner or
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1 interest holder. A motion requesting an extension shall be filed within sixty days
2 after receipt of the Notice of Pending Forfeiture.
3 * * *
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.