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ACT No. 519
Regular Session, 2012
HOUSE BILL NO. 1125
BY REPRESENTATIVE BROADWATER
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
means the clerk of the House of Representatives, the secretary of the Senate, or an21
employee of the House of Representatives, the Senate, or the Legislative Bureau.22
Section 2. Code of Criminal Procedure Article 740 is hereby amended and reenacted23
to read as follows:24 ENROLLEDHB NO. 1125
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Art. 740. Restrictions on subpoenas; members of the legislature and personnel1
No subpoena or order compelling discovery shall issue to compel the2
attendance of a member of the Louisiana Legislature, or legislative employee, except3
in strict conformity with the provisions provision of R.S. 13:3667.1 and 3667.3 no4
subpoena or order compelling discovery shall issue to compel the attendance of a5
member or former member of the Louisiana Legislature, or legislative employee,6
except in strict conformity with the provision of R.S. 13:3667.3. For purposes of this7
Article, "legislative employee" means the clerk of the House of Representatives, the8
secretary of the Senate, and employees of the House of Representatives, the Senate,9
and the Legislative Bureau.10
Section 3. R.S. 13:3667.3(B) is hereby amended and reenacted to read as follows:11
§3667.3. Statewide elected officials, members of the legislature, legislative12
personnel, appointed heads of state departments, compelled appearance as13
witness in court or at administrative proceeding, hearing required14
* * *15
B. For purposes of this Section:16
(1) "legislative Legislative employee" means the clerk of the House of17
Representatives, the secretary of the Senate, or an employee of the House of18
Representatives, the Senate, or the Legislative Bureau.19
(2) "Member" means a sitting or former member of the Louisiana20
Legislature.21
* * *22
Section 4. R.S. 49:956.1 is hereby amended and reenacted to read as follows: 23
§956.1. Administrative proceedings; member of the legislature or personnel as24
witness25
An application for an order compelling discovery to a member or former26
member of the legislature in his capacity as a state lawmaker, or a legislative27
employee in his official capacity, when the legislature or either body thereof is not28
a party to the proceeding may be made to the agency in which the action is pending,29
but no order compelling discovery shall issue except in strict conformity with the30 ENROLLEDHB NO. 1125
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provisions of R.S. 13:3667.3(D). For the purposes of this Section "legislative1
employee" shall mean the clerk of the House of Representatives, the secretary of the2
Senate, or an employee of the House of Representatives, the Senate, or the3
Legislative Bureau.4
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: