2016 Regular Session ENROLLED
SENATE BILL NO. 47
BY SENATOR LAMBERT
1 AN ACT
2 To amend and reenact R.S. 13:2593(A), (B), (C), and (E), and to enact R.S. 13:2593(F) and
3 (G), relative to legal representation by the attorney general; to provide for
4 representation of deputy constables; to provide for restrictions and limitations; to
5 provide relative to reimbursement in certain cases; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 13:2593(A), (B), (C), and (E) are hereby amended and reenacted and
8 R.S. 13:2593(F) and (G) are hereby enacted to read as follows:
9 ยง2593. Legal representation by the attorney general
10 A. It is hereby declared to be the public policy of this state that the state,
11 through the attorney general, shall provide legal representation to a justice of the
12 peace, or a constable, or deputy constable of this state in all claims, demands, or
13 suits, if such a claim, demand, or suit arises out of the discharge of his duties and
14 within the scope of his office and the claim, demand, or suit did not result from his
15 intentional wrongful act or gross negligence.
16 B.(1) Within five days after a justice of the peace, or a constable, or deputy
17 constable is served with any summons, complaint, process, notice, demand, or
18 pleading, he shall deliver the original or a copy thereof to the attorney general. If,
19 after thorough investigation by the attorney general, it appears that the defendant was
20 not acting in the discharge of his duties and within the scope of his office at the time
21 of the alleged act or omission, or that he was acting in an intentionally wrongful
ACT No. 471
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1 manner or was grossly negligent, the attorney general's office shall decline
2 representation and the state shall not be responsible for providing any representation
3 to him.
4 (2) If a determination is made by a court that a justice of the peace,
5 constable, or a deputy constable was not acting in the discharge of his duties and
6 within the scope of his office at the time of the alleged act or omission, or that
7 he was acting in an intentionally wrongful manner or was grossly negligent, the
8 justice of the peace, constable, or deputy constable shall reimburse the office of
9 the attorney general for expenses incurred including court costs and reasonable
10 attorney fees.
11 C. The decision of the attorney general not to defend a justice of the peace,
12 or a constable, or deputy constable and any and all information obtained by him as
13 a result of the investigations conducted pursuant to Subsection B of this Section
14 shall be considered confidential and shall not be admissible as evidence in any legal
15 proceeding and no reference thereto shall be made in any trial or hearing.
16 * * *
17 E. This Section shall not be construed as creating a right of indemnification
18 by a justice of the peace, or a constable, or deputy constable against the state for
19 any claim, demand, suit, or judgment whatsoever.
20 F.(1) The attorney general may decline to provide representation to a
21 deputy constable who is not in compliance with the provisions of R.S. 13:2583.1
22 through 2583.7 including but not limited to the failure to file a copy of the oath
23 of office with the office of the attorney general or failure to attend requisite
24 training.
25 (2) If a determination is made by a court that a deputy constable was not
26 acting in the discharge of his duties and within the scope of his office at the time
27 of the alleged act or omission, or that he was acting in an intentionally wrongful
28 manner or was grossly negligent, a deputy constable may be required to
29 reimburse the office of the attorney general for expenses incurred including
30 court costs and reasonable attorney fees.
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1 G. The provisions of this Section that are applicable to deputy constables
2 shall apply only to deputy constables serving on or before August 1, 2016.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.