Signed by Governor Jeff Landry

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that authorizes seizure of off-road vehicles by law enforcement in Louisiana.

Highlights:

• Authorizes any law enforcement agency to seize any off-road vehicle that is not evidence of a criminal violation (Sec. 3).

• Requires that prior to seizure a law enforcement officer acquire a court-issued warrant (Sec. 3).

• Authorizes the court to hold the property pending forfeiture at the discretion of the court and requires the property to be released to the owner if no probable cause is found (Sec. 3).

• Authorizes any law enforcement agency to seize any off-road vehicle alleged to be evidence of a criminal violation with due probable cause (Sec. 3).

• Requires that any seizing agency notify the district attorney within 10 days after seizure (Sec. 3).

• Authorizes the office of the attorney general to elect to prosecute the forfeiture in addition to the underlying crime (Sec. 3).

• Authorizes the district attorney to apply for an order of forfeiture and allocation of forfeited property after 30 days of issue Notice of Pending Forfeiture (Sec. 4).

• Authorizes the state to transfer a good and sufficient title to any subsequent purchaser or transferee (Sec. 4).

• Authorizes the court to destroy and/or auction off seized off-road vehicles upon the discretion of the prosecuting attorney (Sec. 4).

• Specifies that the money generated from destruction or sale shall be disbursed for proper expenses of the proceedings for forfeiture and sale (Sec. 4).

• Requires remaining funds to be allocated as follows (Sec. 4):

• 60%t to the law enforcement agency making the seizure;

• 20% to the criminal court fund; and

• 20% to the office of the prosecuting agency.

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that authorizes seizure of off-road vehicles by law enforcement in Louisiana.

Highlights:

• Authorizes any law enforcement agency to seize any off-road vehicle that is not evidence of a criminal violation (Sec. 3).

• Requires that prior to seizure a law enforcement officer acquire a court-issued warrant (Sec. 3).

• Authorizes the court to hold the property pending forfeiture at the discretion of the court and requires the property to be released to the owner if no probable cause is found (Sec. 3).

• Authorizes any law enforcement agency to seize any off-road vehicle alleged to be evidence of a criminal violation with due probable cause (Sec. 3).

• Requires that any seizing agency notify the district attorney within 10 days after seizure (Sec. 3).

• Authorizes the office of the attorney general to elect to prosecute the forfeiture in addition to the underlying crime (Sec. 3).

• Authorizes the district attorney to apply for an order of forfeiture and allocation of forfeited property after 30 days of issue Notice of Pending Forfeiture (Sec. 4).

• Authorizes the state to transfer a good and sufficient title to any subsequent purchaser or transferee (Sec. 4).

• Authorizes the court to destroy and/or auction off seized off-road vehicles upon the discretion of the prosecuting attorney (Sec. 4).

• Specifies that the money generated from destruction or sale shall be disbursed for proper expenses of the proceedings for forfeiture and sale (Sec. 4).

• Requires remaining funds to be allocated as follows (Sec. 4):

• 60%t to the law enforcement agency making the seizure;

• 20% to the criminal court fund; and

• 20% to the office of the prosecuting agency.

Full Bill Text