Louisiana 2010 Regular Session

Louisiana Senate Bill SB503 Latest Draft

Bill / Chaptered Version

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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	ENROLLED
SENATE BILL NO. 503
BY SENATOR CLAITOR 
AN ACT1
To amend and reenact R.S. 15:1177(A)(1)(b), relative to judicial review of certain2
administrative actions; to provide that the Department of Public Safety and3
Corrections is the only proper party defendant involving the judicial review of4
department's administrative decisions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 15:1177(A)(1)(b) is hereby amended and reenacted to read as7
follows: 8
ยง1177.  Judicial review of administrative acts; exception9
A.  Any offender who is aggrieved by an adverse decision, excluding10
decisions relative to delictual actions for injury or damages, by the Department of11
Public Safety and Corrections or a contractor operating a private prison facility12
rendered pursuant to any administrative remedy procedures under this Part may,13
within thirty days after receipt of the decision, seek judicial review of the decision14
only in the Nineteenth Judicial District Court or, if the offender is in the physical15
custody of the sheriff, in the district court having jurisdiction in the parish in which16
the sheriff is located, in the manner hereinafter provided:17
(1)18
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(b) In a judicial review of a disciplinary action taken against an offender by20
the Department of Public Safety and Corrections or a contractor operating a private21
prison facility, the only proper party defendant is the department.  The only proper22
party defendant is the Department of Public Safety and Corrections when23
seeking judicial review of an administrative decision, excluding decisions24
ACT No. 135 SB NO. 503	ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
relative to delictual actions for injury or damages, rendered pursuant to any1
administrative remedy procedures under this Part.  For the purpose of this2
Section, the Department of Public Safety and Corrections means a correctional3
facility operated by the state of Louisiana or the Louisiana Correctional4
Facilities Corporation housing offenders sentenced to the custody of the5
Department of Public Safety and Corrections.6
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PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: