Louisiana 2017 2017 Regular Session

Louisiana House Bill HB560 Engrossed / Bill

                    HLS 17RS-1025	ENGROSSED
2017 Regular Session
HOUSE BILL NO. 560
BY REPRESENTATIVE HUNTER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CIVIL/PROCEDURE:  Provides with respect to legislative continuance
1	AN ACT
2To amend and reenact R.S. 13:4163(B) and (I), relative to legislative continuances; to
3 provide for the granting of legislative continuances on the court's own motion, and
4 to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1.  R.S. 13:4163(B) and (I) are hereby amended and reenacted to read as
7follows: 
8 ยง4163.  Ex parte motion for legislative continuance or extension of time; legislators
9	or employees engaged in legislative or constitutional convention activities
10	*          *          *
11	B.  The peremptory grounds for continuance or extension is available to and
12 for the benefit of a member or legislative employee and may only be asserted or
13 waived by a member or employee, except as provided by Subsection I of this
14 Section.
15	*          *          *
16	I.(1)  For sufficient cause shown, the court may consider a motion for
17 legislative continuance or extension at any time prior to the hearing or proceeding.
18	(2)  The court may grant a continuance or extension on its own motion upon
19 receiving consent from the member of the legislature and without the member being
20 required to fulfill the filing and delay requirements of this Section.
Page 1 of 2
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-1025	ENGROSSED
HB NO. 560
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 560 Engrossed 2017 Regular Session	Hunter
Abstract:   Authorizes the court grant a legislative continuance or extension on its own
motion upon receiving consent from the member of the legislature.
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 30 days prior to the original call to order and 30 days following
the adjournment sine die of any legislative session.
(2)Any time between 30 days prior to convening and 30 days following adjournment
sine die of any constitutional convention.
Present law also provides that peremptory grounds are available when a legislator or
employee 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 authorizes the court to grant a legislative  continuance
or extension on its own motion upon receiving consent from the member of the legislature.
(Amends R.S. 13:4163(B) and (I))
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.