Louisiana Senate Bill SCR78

Louisiana 2016 Regular Session

• Introduced: 4/26/16
• Refer: 4/27/16
• Report Pass: 5/3/16

Caption

Provides relative to the legislative intent regarding Act 379 of the Regular Session of 2014.

Impact

The resolution addresses the procedural aspects concerning civil law, particularly focusing on how citations are served in cases of insufficient or erroneous service. By providing clarity on the retroactive application of the laws enacted in Act No. 379, SCR78 seeks to prevent potential ambiguities in the legal system that could arise regarding past cases. This is particularly significant for individuals involved in legal proceedings that were impacted by the procedural changes set forth in the 2014 Act.

Summary

SCR78 is a Senate Concurrent Resolution that seeks to clarify the legislative intent regarding the application of Act No. 379 from the 2014 Regular Session of the Louisiana Legislature. The resolution expresses that the provisions of this Act should be interpreted as applicable both prospectively and retroactively. By stating this intent, the bill aims to ensure that the changes made under Act No. 379—related to the service of citation upon defendants—are enforceable for actions that may have occurred before the Act was formally applied.

Sentiment

General sentiment surrounding SCR78 tends to be supportive, as it provides clarity and seeks to eliminate confusion in procedural applications of the law. Legislators and legal professionals recognize the importance of explicit legislative intent, particularly in ensuring fair treatment across various cases that rely on the service of citation and civil procedural laws. Nonetheless, there may be minor concerns expressed by those who worry about the implications of retroactive applications on ongoing cases.

Contention

While SCR78 primarily serves as an expression of legislative intent, discussions may revolve around whether retroactive applications of laws can lead to complications or fairness in legal outcomes. Some may argue about the potential burdens it could place on defendants who may not have been aware of the procedural changes at the time of their cases. However, overall, the resolution is positioned as a necessary clarification that reinforces established legal frameworks within Louisiana.