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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 160
BY SENATOR MURRAY
CIVIL PROCEDURE. Provides relative to legislative continuances. (gov sig)
AN ACT1
To enact R.S. 13:4163(J), relative to legislators and legislative employees; to provide for2
continuances and extensions during performance of legislative duties; to provide3
with respect to filing of the motion for legislative continuance or extension; to4
provide for an effective date; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 13:4163(J) is hereby enacted to read as follows: 7
ยง4163. Ex parte motion for legislative continuance or extension of time, legislators8
or employees engaged in legislative or constitutional convention9
activities10
A.(1) * * *11
* * *12
J. In the case of conflict between this Section and a rule or other13
provision of law, the provisions of this Section shall supercede and apply.14
Section 2. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If17 SB NO. 160
SLS 10RS-566 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
vetoed by the governor and subsequently approved by the legislature, this Act shall become1
effective on the day following such approval.2
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Angela Lockett De Jean.
DIGEST
Present law allows for legislative continuances and extensions in cases requiring the
presence of a legislator or legislative employee in any capacity upon the timely filing of a
motion for continuance or extension in the proper court or agency when such person is
employed full-time during a session of the legislature.
Present law allows a member of the legislature and a legislative employee to have
peremptory grounds for continuance or extension of a criminal case, civil case, or
administrative proceeding to be sought by written motion specifically alleging the grounds
for continuance, with such grounds for continuance or extension to be available if the
presence, participation, or involvement in any capacity of such person is required in any
criminal case, civil case, or administrative proceeding, including pre-trial and post-trial
proceedings, during the following:
(1)Any time between 15 days prior to the original call to order and 15 days following
the adjournment sine die of any session of the legislature.
(2)Any time between 15 days prior to convening and 15 days following adjournment
sine die of any constitutional convention.
(3)Any time other than (1) or (2) above when such person is engaged in activities in
connection with or ordered by:
(a)the legislature;
(b)any legislative committee or subcommittee appointed by the president of the
Senate or the speaker of the House of Representatives;
(c)any committee or commission appointed by the governor or other person
authorized to make such appointments; or
(d)any constitutional convention or commission.
Present law authorizes a continuance for a member of the legislature, the clerk of the House
of Representatives, the secretary of the Senate, or an employee of the House of
Representatives, the Senate, or the Legislative Bureau when the person is serving or
employed full-time during a session of the legislature and requires a motion for continuance
or extension to be accompanied by an affidavit, verifying such employment or service,
executed by the presiding officer or the clerk or secretary of the respective house.
Present law provides that during any time between 15 days prior to the original call to order
and 15 days following the adjournment sine die of any regular or extraordinary session of
the legislature, at any time during which such person is engaged in activities in connection
with or ordered by the legislature or any legislative committee or subcommittee appointed
by the president of the Senate, the speaker of the House of Representatives, or any other
committee or commission appointed by the governor, or other person authorized by law or
legislative resolution to make such appointments, at any time during which such person is
engaged in any activities in connection with or ordered by any constitutional convention or
commission and during any time between 15 days prior to convening and 15 days following SB NO. 160
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
adjournment sine die of any constitutional convention, the legislative continuances and
extensions shall be granted for a period of not less than 60 days from the date of
adjournment sine die of any regular or extraordinary session of the legislature or any
constitutional convention.
Present law provides that within 72 hours of the filing of a motion for a legislative
continuance or extension, the court or agency shall grant the continuance or extension ex
parte for a period of not less than 60 days from the date of adjournment sine die of the
session of the legislature or of the constitutional convention, or for a period of not less than
60 days from the date the activities giving rise to the need for the continuance or extension
cease.
Present law provides that these provisions shall not apply to cases in the state supreme court,
criminal cases where the death penalty is sought, and administrative rulemaking authorized
by R.S. 49:953 or to cases and proceedings wherein a member or employee is called as a
witness, in which instances the provisions of R.S. 13:3667.1 and 3667.3 shall apply.
Present law provides that any action taken against a person, including any sanction imposed
on an attorney, who has timely filed a motion for legislative continuance or extension
resulting from the failure of such person or attorney to appear or comply with an order of the
court or any deadline shall be considered an absolute nullity and shall be set aside by the
court upon the filing of a motion by the aggrieved person or attorney.
Present law provides that any person or attorney who has timely filed a motion for legislative
continuance or extension which has not been granted within 72 hours of filing may apply
directly to the state supreme court for supervisory writs to review the action of the court
where the motion was filed and if a timely filed motion for legislative continuance or
extension is denied or if a motion to remove a sanction against a person who timely filed a
motion for legislative continuance or extension is denied, such denial shall be an appealable
order.
Proposed law retains present law but clarifies that in case of conflict, present law should be
followed.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 13:4163(J))