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 Reengrossed 2017 Regular Session Hunter
Abstract: Authorizes the court to 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.
Present law requires verification of the notice of a meeting or call for legislative session.
Proposed law removes the requirement that the clerk of the House of Representatives or the secretary
of the Senate file an affidavit verifying the issuance of the notice or call for legislative session.
Proposed law provides that present law shall not be used to impede peremptory nature of present law
and proposed law.
Present law provides that for sufficient cause shown, the court may consider a motion for legislative
continuance at any time prior to the hearing.
Proposed law provides that, notwithstanding the delays for filing a motion for continuance, the court
may consider a motion for continuance at any time provided advance notice is given to the opposing
party and to the court. Proposed law authorizes the motion to be filed by facsimile transmission or electronic mail, provided
the mover provides all parties with a copy of the motion.
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 members of the legislature.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 13:4163(B), (E)(1)(b), and (I); Adds R.S. 13:4163(E)(1)(c))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Remove the requirement to file an affidavit verifying the issuance of the notice or call.
2. Add provision specifying that present law shall not be used to impede peremptory nature
of present law and proposed law.
3. Remove provision allowing court to raise continuance on its own motion.
4. Authorize court to consider the motion at any time provided advance notice is given to
opposing counsel and the court.
5. Authorize the filing of the motion by facsimile.
6. Add emergency effective date.