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)]
CONFERENCE COMMITTEE REP ORT DIGEST
HB 293 2017 Regular Session Amedee
Keyword and oneliner of the instrument as it left the House
DISTRICT ATTORNEYS: Provides relative to the limitation of liability of the state
Report adopts Senate amendments to:
1. Clarify that indemnification pursuant to proposed law takes place for both the district
attorney and his office.
2. Delete provisions that make proposed law applicable to all claims filed in court on or after
Nov. 1, 2015.
Report amends the bill to:
1. Delete the requirement that the relief being sought in federal court is damages, so that
indemnification required by proposed law occurs when any claim, demand, suit, complaint,
or petition contesting the constitutional validity of a state statute is filed in federal court
against a district attorney and the district attorney has not enforced the state statute being
contested.
Digest of the bill as proposed by the Conference Committee
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 requires the abstract submitted by the defense attorney and the amount of the final
judgment to be a 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))