GREEN SHEET REDIGEST
HB 293 2017 Regular Session Amedee
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
DISTRICT ATTORNEYS: Provides relative to the limitation of liability of the state
DIGEST
Present law prevents the state from having any liability for damage caused by a district
attorney.
Proposed law creates an exception to present law and requires the state to indemnify the
district attorney's office against claims or suits in federal court based on the constitutional
validity of a statute when the district attorney's office has not initiated any prosecution based
upon that statute.
Proposed law provides that payment of a final judgment or payment of legal services shall
be made by legislative appropriation and any payment must be approved by a subcommittee
of the Joint Legislative Committee on the Budget.
Proposed law provides that the attorney defending the claim must present a detailed abstract
of the facts of the case and the calculation of fees to the subcommittee of JLCB.
Proposed law provides that the abstract submitted by the defense attorney and the amount of
the final judgment will be public record, except material that reflect the mental impressions,
conclusions, opinions, or theories of an attorney.
(Amends R.S. 42:1441(A); adds R.S. 42:1441(D))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
reengrossed bill
1. Changes the effective date.
2. Adds provisions for the hiring of special counsel.
3. Makes changes to the payment procedure of final judgments and for legal
services.
4. Makes changes regarding the submission of an abstract.
Committee Amendments Proposed by Senate Committee on Finance to the
reengrossed bill
1. Deletes change to the effective date to August 1, 2017.
2. Deletes provisions for the hiring of special counsel.
3. Deletes changes to the payment procedure of final judgments and for legal
services.
4. Deletes changes regarding the submission of an abstract.
5. Deletes retroactivity provisions.
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Prepared by Benjamin A. Huxen, II.