HLS 12RS-2311 ORIGINAL
Page 1 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 1125
BY REPRESENTATIVE BROADWATER
LEGISLATIVE AFFAIRS: Provides with respect to the issuance of subpoenas directing the
testimony of former legislators regarding matters of legislative speech and debate
AN ACT1
To amend and reenact Code of Civil Procedure Article 1469(5), Code of Criminal Procedure2
Article 740, R.S. 13:3667.3(B), and R.S. 49:956.1, relative to the attendance and3
testimony of legislators in certain court and administrative hearings; to extend the4
requirement of a preliminary motion and hearing to former legislators where their5
attendance or testimony is being solicited on matters relating to their former service6
as lawmakers; to provide for definitions; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Code of Civil Procedure Article 1469(5) is hereby amended and reenacted9
to read as follows:10
Art. 1469. Motion for order compelling discovery11
A party, upon reasonable notice to other parties and all persons affected12
thereby, may apply for an order compelling discovery as follows:13
* * *14
(5) An application for an order compelling discovery to a member or former15
member of the legislature in his capacity as a state lawmaker, or a legislative16
employee in his official capacity, when the legislature or either body thereof is not17
a party to the proceeding may be made to the court in which the action is pending,18
but no order compelling discovery shall issue except in strict conformity with the19
provisions of R.S. 13:3667.3(C). For purposes of this Article "legislative employee"20 HLS 12RS-2311 ORIGINAL
HB NO. 1125
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
means the clerk of the House of Representatives, the secretary of the Senate, or an1
employee of the House of Representatives, the Senate, or the Legislative Bureau.2
Section 2. Code of Criminal Procedure Article 740 is hereby amended and reenacted3
to read as follows:4
Art. 740. Restrictions on subpoenas; members of the legislature and personnel5
No subpoena or order compelling discovery shall issue to compel the6
attendance of a member of the Louisiana Legislature, or legislative employee, except7
in strict conformity with the provisions provision of R.S. 13:3667.1 and 3667.3 no8
subpoena or order compelling discovery shall issue to compel the attendance of a9
member or former member of the Louisiana Legislature, or legislative employee,10
except in strict conformity with the provision of R.S. 13:3667.3. For purposes of this11
Article, "legislative employee" means the clerk of the House of Representatives, the12
secretary of the Senate, and employees of the House of Representatives, the Senate,13
and the Legislative Bureau.14
Section 3. R.S. 13:3667.3(B) is hereby amended and reenacted to read as follows:15
§3667.3. Statewide elected officials, members of the legislature, legislative16
personnel, appointed heads of state departments, compelled appearance as17
witness in court or at administrative proceeding, hearing required18
* * *19
B. For purposes of this Section:20
(1) "legislative Legislative employee" means the clerk of the House of21
Representatives, the secretary of the Senate, or an employee of the House of22
Representatives, the Senate, or the Legislative Bureau.23
(2) "Member" means a sitting or former member of the Louisiana24
Legislature.25
* * *26 HLS 12RS-2311 ORIGINAL
HB NO. 1125
Page 3 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Section 4. R.S. 49:956.1 is hereby amended and reenacted to read as follows:1
§956.1. Administrative proceedings; member of the legislature or personnel as2
witness3
An application for an order compelling discovery to a member or former4
member of the legislature in his capacity as a state lawmaker, or a legislative5
employee in his official capacity, when the legislature or either body thereof is not6
a party to the proceeding may be made to the agency in which the action is pending,7
but no order compelling discovery shall issue except in strict conformity with the8
provisions of R.S. 13:3667.3(D). For the purposes of this Section "legislative9
employee" shall mean the clerk of the House of Representatives, the secretary of the10
Senate, or an employee of the House of Representatives, the Senate, or the11
Legislative Bureau.12
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Broadwater HB No. 1125
Abstract: Extends to former legislators the requirement that a hearing be held in advance
of a subpoena being issued to compel a former legislator's attendance or testimony
relating to his former capacity as a lawmaker.
Present law (R.S. 13:3667.3), in any civil or criminal misdemeanor case, or administrative
proceeding in which a legislator is being subpoenaed to testify in his capacity as a state
lawmaker or in which a legislative employee is being subpoenaed to testify in his official
capacity, requires the requesting party to file a motion and requires the judge (or in the case
of administrative proceedings, the agency, presiding officer, or administrative law judge) to
conduct a hearing prior to the issuance of a subpoena.
Present law further requires the requesting party to set forth the facts which he seeks to elicit
from the legislator or employee, the relevance of those facts to the case, and the basis for the
party's belief that the legislator or employee has knowledge of those facts. Additionally,
present law requires the party show cause why the testimony is not privileged under the
privileges and immunities provision of the state constitution. Present law requires the judge
(or in the case of administrative proceedings, the agency, presiding officer, or administrative
law judge) to hold a hearing if he finds the motion to be well-founded and a denial would
prejudice the requesting party. Present law requires 15-day notice of the hearing to be given
to the member or employee, the attorney general, and clerk of the House or secretary of the
Senate and requires the notice to contain the same information as required in the motion.
Present law provides for supervisory writs for noncompliance.
Proposed law retains present law and extends the hearing requirements and other present law
provisions to a former legislator in his former capacity as a lawmaker. HLS 12RS-2311 ORIGINAL
HB NO. 1125
Page 4 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law provides rules of discovery in three general areas: civil proceedings (C.C.P. Art.
1469(5)), criminal proceedings (C.Cr.P. Art. 740), and administrative hearings (R.S.
49:956.1).
Proposed law retains present law in each of these three areas and extends the application of
these provisions to a former legislator in his former capacity as a lawmaker.
(Amends C.C.P. Art. 1469(5), C.Cr.P. Art. 740, R.S. 13:3667.3(B), and R.S. 49:956.1)