HLS 201ES-24 REENGROSSED
2020 First Extraordinary Session
HOUSE BILL NO. 5
BY REPRESENTATIVE MARINO
CIVIL/LAW: Provides for the emergency suspension of time limitations in certain civil
proceedings (Item #40)
1 AN ACT
2To enact Civil Code Article 3472.1 and Code of Civil Procedure Article 562, relative to civil
3 proceedings; to provide relative to declaration of emergencies or disasters; to provide
4 relative to suspension of prescription and peremption periods and other legal
5 deadlines; to provide relative to the suspension of abandonment; to provide for
6 cessation of suspension; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Civil Code Article 3472.1 is hereby enacted to read as follows:
9 Art. 3472.1. Emergency suspension of prescription and peremption
10 A. Notwithstanding any other provisions of the law, in the event the
11 governor declares a state of emergency or disaster pursuant to R.S. 29:721 through
12 772, the Supreme Court of Louisiana may enter an order or series of orders as
13 deemed necessary and appropriate to suspend all prescriptive and peremptive periods
14 for a period of time not to exceed ninety days. Thereafter, should the need for
15 continuing suspension be necessary to preserve access to the courts, the governor
16 may issue executive orders as deemed appropriate. The period of suspension
17 authorized by the provisions of this Article shall terminate upon the earlier of an
18 order of the Supreme Court of Louisiana or upon termination of the declared state
19 of disaster or emergency. Nothing in this Article limits the authority of the governor
20 or the legislature to act in accordance with its authority.
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HB NO. 5
1 B. The right to file any pleading subject to the suspension as provided by
2 Paragraph A of this Article shall terminate sixty days after the termination of the
3 suspension as provided by Paragraph A of this Article.
4 Section 2. Code of Civil Procedure Article 562 is hereby enacted to read as follows:
5 Art. 562. Emergency suspension of abandonment
6 A. Notwithstanding any other provisions of law to the contrary, in the event
7 the governor declares a state of emergency or disaster pursuant to R.S. 29:721
8 through 772, the Supreme Court of Louisiana may enter an order or series of orders
9 as deemed necessary and appropriate to suspend the period of abandonment for a
10 period of time not to exceed ninety days. Thereafter, should the need for continuing
11 suspension be necessary to preserve access to the courts, the governor may issue
12 executive orders as deemed appropriate. The period of suspension authorized by the
13 provisions of this Article shall terminate upon the earlier of an order of the Supreme
14 Court of Louisiana or upon termination of the declared state of disaster or
15 emergency. Nothing in this Article limits the authority of the governor or the
16 legislature to act in accordance with its authority.
17 B. The right to file any pleading subject to the suspension as provided by
18 Paragraph A of this Article shall terminate sixty days after the termination of the
19 suspension as provided by Paragraph A of this Article.
20 Section 3. This Act shall become effective upon signature by the governor or, if not
21signed by the governor, upon expiration of the time for bills to become law without signature
22by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
23vetoed by the governor and subsequently approved by the legislature, this Act shall become
24effective on the day following such approval.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 201ES-24 REENGROSSED
HB NO. 5
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 5 Reengrossed 2020 First Extraordinary Session Marino
Abstract: Provides for the suspension of prescriptive, peremptive, and abandonment
periods by the supreme court in the event of a declaration of emergency or disaster
by the governor.
Present law provides for various prescriptive, peremptive, or abandonment periods.
Proposed law provides that the Supreme Court of Louisiana may suspend the running of
prescriptive, peremptive, and abandonment periods for a period up to 90 days if a state of
emergency or disaster is declared by the governor.
Proposed law provides for continuing suspensions if the governor issues further executive
orders after the 90 days have run.
Proposed law provides for the period of suspension to terminate upon the earlier of an order
of the Supreme Court of Louisiana or termination of the declared state of emergency or
disaster.
Proposed law provides that the right to file any pleading subject to the suspension shall
terminate sixty days after the termination of the suspension.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds C.C. Art. 3472.1 and C.C.P. Art. 562)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Specify that declarations of disaster are included in proposed law.
2. Make technical changes.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.