Extends prescriptive period for certain delictual actions from one to two years. (1/1/21) (OR SEE FISC NOTE GF EX)
The bill's implementation is expected to have a significant effect on the legal landscape in Louisiana regarding victims of violent crimes. By providing an extended prescriptive period, the law aims to empower victims by allowing them more time to gather evidence and pursue justice without the pressure of an expedited deadline. It is designed to align the legal recourse available to victims of violence with the seriousness of their experiences, potentially leading to more claims being filed and prosecuted.
Senate Bill 2, introduced by Senator Connick, seeks to amend civil law in Louisiana by extending the prescriptive period for certain delictual actions from one year to two years. This change specifically applies to actions arising from damages related to crimes of violence, with exceptions. The bill aims to provide a longer timeframe for victims to pursue legal claims following such incidents, addressing concerns regarding the timeliness of claims related to these serious offenses.
The general sentiment around SB 2 appears to be supportive within certain advocacy circles, particularly those focused on victims' rights. Proponents believe that the extension of the prescriptive period reflects an understanding of the complexities faced by victims of violence, allowing them a more reasonable opportunity to seek justice. However, there may be contention over the implications this change may have on defendants, as well as concerns regarding the potential for cases to be delayed in the legal system.
Notable points of contention may arise from opponents who argue that an extended prescriptive period could complicate legal proceedings and lead to challenges in gathering evidence over time. Critics might express concerns about the potential for an increase in legal disputes, arguing that the legal system could become overloaded with aging cases, making it more challenging for defendants to mount an effective defense. The repeal of previous provisions, which set a shorter prescriptive period, also indicates a shift towards greater victim protections that could spur debate on balancing the rights of victims with those of alleged perpetrators.