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LouisianaHB 7892026 Regular SessionHouse

CRIMINAL/PROCEDURE: Provides with respect to the seizure of off-road vehicles (EN SEE FISC NOTE LF EX)

Sponsored By: Jack "Jay" William Gallé Jr. (Republican)

Signed by Governor

Judiciary CAdministration of Criminal Justice

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 2 costs, 2 mixed.

Off-road vehicle seizures require court safeguards

Police agencies chosen by the district attorney can seize off-road vehicles on probable cause of use in reckless driving. Unless a seizure warrant already exists, agencies must seek one with a sworn statement showing probable cause. For vehicles not treated as criminal evidence, the deadline is 72 hours after actual seizure or seizure through legal control. For evidence vehicles, it is 72 hours after service of the pending forfeiture notice; both deadlines exclude weekends and holidays. Warrantless seizures must meet existing legal standards, and vehicles must be returned to their established owners if probable cause is lacking. Agencies must notify the district attorney within 10 days after seizure.

Owners face vehicle loss with lender protections

Forfeiture can proceed alongside criminal prosecution or as a separate court case against the vehicle. After notice is filed with motor vehicles officials and given to owners and recorded lienholders, claimants have 30 days to file. Without timely claims, the district attorney can seek forfeiture; the court must find proper jurisdiction, notice, and probable cause. After timely claims are resolved, the court gives the state clear title, which it can transfer to buyers. The prosecutor chooses destruction or public auction without an appraisal. Sale proceeds first pay valid secured debts and liens, then proper seizure, custody, advertising, court, and sale costs. Remaining money goes 60% to seizing agencies for drug-law enforcement and related rewards, 20% to the criminal court fund, and 20% to the prosecuting agency. Prosecutors can transfer cases to an agency handling related violations. When Louisiana's attorney general serves as the district attorney for the underlying offense, that office has the same forfeiture powers. If it wins the forfeiture case, it receives the prosecutor's share.

Vehicle claimants face state legal costs

Claimants must show that a substantial part of their vehicle interest is protected from forfeiture. Those who fail must pay the state's reasonable investigation and prosecution costs, including attorney fees. After a hearing, a court can find reasonable cause for the seizure, forfeiture notice, or forfeiture petition. That finding bars the claimant from recovering costs or damages. It also shields the seizing person or agency and prosecuting agency from liability for the seizure or case.

Broader reckless driving rules for off-road vehicles

The law expands reckless off-road driving rules on public roads and rights-of-way within municipalities or incorporated parish areas. The offense requires criminal negligence or recklessness. Listed acts include forcing vehicles off the road, hitting vehicles or people, speeding, driving against traffic, and ignoring traffic signals. They also include weaving without regard to lanes, blocking traffic, and deliberately leaving the road and returning. Vehicles used in this offense are subject to seizure and forfeiture, meaning permanent loss to the state.

Sponsors & Cosponsors

Sponsor

  • Jack "Jay" William Gallé Jr.

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 169 • No: 65

House vote • 5/26/2026

Read by title, roll called, yeas 75, nays 24, Senate amendments concurred in.

Yes: 75 • No: 24

Senate vote • 5/19/2026

Senate floor amendments read and adopted. Read by title, passed by a vote of 26 yeas and 7 nays, and ordered returned to the House. Motion to reconsider tabled.

Yes: 26 • No: 7

House vote • 4/9/2026

Read third time by title, roll called on final passage, yeas 58, nays 34. Finally passed, title adopted, ordered to the Senate.

Yes: 58 • No: 34

House vote • 4/1/2026

Reported with amendments

Yes: 10 • No: 0

Actions Timeline

  1. Signed by the Governor. Becomes Act No. 839.

    6/9/2026House

  2. Effective date: 08/01/2026.

    6/9/2026House

  3. Sent to the Governor for executive approval.

    6/1/2026House

  4. Enrolled and signed by the Speaker of the House.

    5/28/2026House

  5. Signed by the President of the Senate.

    5/28/2026Senate

  6. Read by title, roll called, yeas 75, nays 24, Senate amendments concurred in.

    5/26/2026House

  7. Scheduled for concurrence on 05/26/2026.

    5/25/2026House

  8. Received from the Senate with amendments.

    5/20/2026House

  9. Rules suspended. Called from the Calendar.

    5/19/2026Senate

  10. Senate floor amendments read and adopted. Read by title, passed by a vote of 26 yeas and 7 nays, and ordered returned to the House. Motion to reconsider tabled.

    5/19/2026Senate

  11. Read by title and returned to the Calendar, subject to call.

    5/6/2026Senate

  12. Reported without Legislative Bureau amendments. Read by title and passed to third reading and final passage.

    4/27/2026Senate

  13. Read by title and referred to the Legislative Bureau.

    4/22/2026Senate

  14. Reported favorably.

    4/21/2026Senate

  15. Read second time by title and referred to the Committee on Judiciary C.

    4/14/2026Senate

  16. Received in the Senate. Read first time by title and placed on the Calendar for a second reading.

    4/13/2026Senate

  17. Read third time by title, roll called on final passage, yeas 58, nays 34. Finally passed, title adopted, ordered to the Senate.

    4/9/2026House

  18. Scheduled for floor debate on 04/09/2026.

    4/8/2026House

  19. Read by title, amended, ordered engrossed, passed to 3rd reading.

    4/7/2026House

  20. Reported with amendments (10-0).

    4/1/2026House

  21. Read by title, under the rules, referred to the Committee on Administration of Criminal Justice.

    3/9/2026House

  22. Prefiled.

    2/27/2026House

  23. Under the rules, provisionally referred to the Committee on Administration of Criminal Justice.

    2/27/2026House

  24. First appeared in the Interim Calendar on 2/27/2026.

    2/27/2026House

Bill Text

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