HLS 16RS-768 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 193
BY REPRESENTATIVE HUNTER
CIVIL/PROCEDURE: Provides with respect to legislative continuance in civil cases
1 AN ACT
2To amend and reenact R.S. 13:4163(C)(1), relative to the ex parte legislative continuance;
3 to provide for time periods of application; to provide for qualifying activities; and
4 to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 13:4163(C)(1) is hereby amended and reenacted to read as follows:
7 ยง4163. Ex parte motion for legislative continuance or extension of time; legislators
8 or employees engaged in legislative or constitutional convention activities
9 * * *
10 C.(1) Such peremptory grounds are available for the continuance of any type
11 of proceeding and the extension of any type of deadline pertaining to a criminal case,
12 civil case, or administrative proceeding, if the presence, participation, or
13 involvement of a member or employee is required in any capacity, including any
14 pretrial or post-trial legal proceeding, during:
15 (a) Any time between fifteen thirty days prior to the original call to order and
16 fifteen thirty days following the adjournment sine die of any session of the
17 legislature.
18 (b) Any time between fifteen thirty days prior to convening and fifteen thirty
19 days following adjournment sine die of any constitutional convention.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-768 ORIGINAL
HB NO. 193
1 (c) Any time other than those provided in Subparagraph (a) or (b) of this
2 Paragraph when such person is engaged in activities, including travel, in connection
3 with or ordered by: (i) the legislature; (ii) any legislative committee or subcommittee
4 appointed by the president of the Senate or the speaker of the House of
5 Representatives; (iii) any committee or commission appointed by the governor or
6 other person authorized to make such appointments; or (iv) any constitutional
7 convention or commission.
8 * * *
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)]
HB 193 Original 2016 Regular Session Hunter
Abstract: Relative to the ex parte legislative continuance, extends the 15-day period prior
to and following legislative sessions and constitutional conventions to a 30-day
period, and includes "travel" as an activity subject to the automatic continuance.
Present law provides that a member of the legislature and a legislative employee shall have
peremptory grounds for continuance or extension of a criminal case, civil case, or
administrative proceeding.
Present law provides that the peremptory grounds for continuance are available:
(1)Any time between 15 days prior to the original call to order and 15 days following
the adjournment sine die of any legislative session.
(2)Any time between 15 days prior to convening and 15 days following adjournment
sine die of any constitutional convention.
Proposed law retains present law but extends the 15-day period to a 30-day period for any
session of the legislature and any constitutional convention.
Present law also provides that when such person is engaged in activities in connection with
or ordered by: (1) the legislature; (2) any legislative committee or subcommittee appointed
by the president of the Senate or the speaker of the House of Representatives; (3) any
committee or commission appointed by the governor or other person authorized to make
such appointments; or (4) any constitutional convention or commission.
Proposed law retains present law and adds "travel" as an activity subject to the automatic
continuance.
(Amends R.S. 13:4163(C)(1))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.