{
 "citation": "14:230.1",
 "heading": "Civil remedies",
 "doc_id": "1294901",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=1294901",
 "classification": "",
 "enacted_year": "2022",
 "last_amended_year": "2022",
 "penalties": [],
 "referenced_statutes": [
  "14:230",
  "14:67.16",
  "14:70.4",
  "14:70.8",
  "14:71.1",
  "14:72.2",
  "14:73.5",
  "14:90.1",
  "40:2608"
 ],
 "text": "RS 14:230.1\n\n\u00a7230.1. Civil remedies\n\nA. As used in this Section:\n\n(1) \"Commingled funds\" means the combination of legitimate funds and proceeds\nderived from criminal activity.\n\n(2) \"Criminal activity\" means any of the offenses listed in Subsection B of this\nSection, including conspiracy, principals, and attempts to commit any of the listed offenses\nthat are classified as a felony under the laws of this state or of the United States.\n\n(3) \"Facilitating property\" means any property used to commit the offense.\n\n(4) \"Proceeds\" means funds acquired or derived directly or indirectly from or\nproduced or realized through an act.\n\nB. All facilitating property, proceeds, and commingled funds, without limitation to\ncommingled funds of persons who knowingly or should have reasonably known of the\nforegoing criminal activity, shall be subject to seizure and forfeiture if involved in or derived\nfrom any of the following offenses:\n\n(1) Identity theft (R.S. 14:67.16).\n\n(2) Access device fraud (R.S. 14:70.4).\n\n(3) Illegal transmission of monetary funds (R.S. 14:70.8).\n\n(4) Bank fraud (R.S. 14:71.1).\n\n(5) Monetary instrument abuse (R.S. 14:72.2).\n\n(6) Computer fraud (R.S. 14:73.5).\n\n(7) Money laundering; transactions involving proceeds derived from criminal activity\n(R.S. 14:230).\n\nC.(1) Any facilitating property, proceeds, and commingled funds subject to forfeiture\nunder this Section may be seized under process issued by any court of record having\njurisdiction over the facilitating property, proceeds, and commingled funds except that\nseizure without such process may be made when either of the following exists:\n\n(a) The seizure is incident to an arrest with probable cause or a search under a valid\nsearch warrant or with probable cause or an inspection under valid administrative inspection\nwarrant.\n\n(b) The facilitating property, proceeds, and commingled funds subject to seizure have\nbeen the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture\nproceeding under this Section.\n\n(2)(a) All forfeitures or dispositions under this Section shall be made with due\nprovisions for the rights of factually innocent persons. No mortgage, lien, privilege, or other\nsecurity interest recognized under the laws of Louisiana and no ownership interest in\nindivision shall be affected by a forfeiture if the owner of such mortgage, lien, privilege, or\nother security interest, or owner in indivision establishes that he is a factually innocent\nperson. No forfeiture or disposition under this Section shall affect the rights of factually\ninnocent persons.\n\n(b) Notwithstanding any provision of law to the contrary, a mortgage, lien, or\nsecurity interest held by a federally insured financial institution shall not be affected by the\nseizure and forfeiture provisions of this Section.\n\n(c) Notice of pending forfeiture or disposition shall be provided by the district\nattorney in accordance with the requirements of R.S. 40:2608(3) or R.S. 14:90.1(B)(3).\n\nD. In the event of a seizure under Subsection C of this Section, a forfeiture\nproceeding shall be instituted promptly. Any facilitating property, proceeds, and\ncommingled funds taken or detained under this Section shall not be subject to sequestration\nor attachment but are deemed to be in the custody of the law enforcement officer making the\nseizure, subject only to the order of the court. When property is seized under this Section,\npending forfeiture and final disposition, the law enforcement officer making the seizure may\ndo any of the following:\n\n(1) Place the property under seal.\n\n(2) Remove the property to a place designated by the court.\n\n(3) Request another agency authorized by law to take custody of the property and\nremove it to an appropriate location.\n\nE. The district attorney may institute civil proceedings under this Section. In any\naction brought under this Section, the district court shall proceed as soon as practicable to\nthe hearing and determination following conviction or agreement between the parties. \nPending final determination, the court may at any time enter such injunctions or restraining\norders or take such actions, including the acceptance of satisfactory performance bonds, as\nthe court may deem proper.\n\nF. A final judgment or decree rendered in favor of the state in any criminal\nproceeding shall preclude the defendant from denying the essential facts established in that\nproceeding in any subsequent civil action.\n\nG. Notwithstanding any other provision of law, a criminal or civil action or\nproceeding under this Chapter may be commenced at any time within five years after the\nconduct in violation of a provision of this Chapter terminates or the cause of action accrues. \nIf a criminal prosecution or civil action is brought under the provisions of this Chapter, the\nrunning of the period prescribed by this Section with respect to any cause of action arising\nunder Subsection E of this Section which is based in whole or in part upon any matter\ncomplained of in any such prosecution or action shall be suspended during the pendency of\nsuch prosecution or action and for two years following its termination.\n\nH. The application of one civil remedy under any provision of this Section shall not\npreclude the application of any other remedy, civil or criminal, under any other provision of\nlaw. Civil remedies under this Section are supplemental and not mutually exclusive.\n\nI. The allocation of proceeds from forfeitures or dispositions under this Section shall\nbe determined by the court in accordance with each law enforcement entity's participation\nin the investigation, seizure, and forfeiture process. Proceeds shall be distributed in the\nfollowing order of priority:\n\n(1) Satisfaction of any bona fide security interest or lien.\n\n(2) Payment of all proper expenses of the proceedings for forfeiture and sale,\nincluding expenses of seizure, maintenance of custody, advertising, and court costs.\n\n(3) The remaining funds shall be allocated as follows:\n\n(a) Sixty percent to the law enforcement agency or agencies making the seizure.\n\n(b) Twenty percent to the criminal court fund.\n\n(c) Twenty percent to the district attorney's office pursuing the forfeiture.\n\nActs 2022, No. 747, \u00a71."
}