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 805 Reengrossed 2020 Regular Session Pressly
Abstract: Suspends prescriptive and peremptive periods accruing from March 17, 2020, through
May 15, 2020.
Present law provides various prescriptive and peremptive periods. C.C. Art. 3472 provides that a
period of suspension is not counted towards the accrual of prescription. Prescription commences
to run again upon the termination of the period of suspension. Proposed law does not alter present
law.
Proposed law ratifies Proclamation JBE 2020-30, which due to the COVID-19 public health
emergency created a limited suspension of all prescription and peremptive periods from March 17,
2020, through May 15, 2020.
Proposed law creates a limited suspension of all prescription and peremptive periods from March
17, 2020, through May 15, 2020, with certain exceptions.
Proposed law provides that this limited suspension of prescription shall apply only to a prescriptive
or peremptive period which would have otherwise expired during the period from March 17, 2020,
through May 15, 2020.
Proposed law provides that this limited suspension shall terminate on May 14, 2020, and any right,
claim, or action which was suspended shall expire on July 15, 2020.
Proposed law creates a limited suspension and extension of all legal deadlines from March 17, 2020,
through May 15, 2020.
Proposed law provides that if a legal deadline lapsed during the time period from March 17, 2020,
through May 15, 2020, the party may seek an extension by contradictory motion or declaratory
judgment, but in no case shall the deadline be extended beyond September 15, 2020.
Proposed law provides that this Act shall preempt and supersede but not repeal any conflicting
provisions of law.
Proposed law provides that this Act is interpretative, curative, and procedural and shall be applied
retroactively as well as prospectively.
Effective upon signature of governor or lapse of time for gubernatorial action. (Adds R.S. 9:5828-5830)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Extend the termination date of the COVID-19 public health emergency suspension from
April 14, 2020, to May 15, 2020.
2. Provide that any right or claim that would have expired during the time period of March
17, 2020, through May 15, 2020, will expire on July 15, 2020.
3. Extend the legal deadline for parties seeking an extension by contradictory motion or
declaratory judgment from August 14, 2020, to September 15, 2020.
4. Make technical changes.