HLS 20RS-1250 ENGROSSED
2020 Regular Session
HOUSE BILL NO. 820
BY REPRESENTATIVE MARINO
CIVIL/LAW: Provides for the emergency suspension of time limitations in certain civil
proceedings
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; to provide relative to
4 suspension of prescription and peremption periods and other legal deadlines; to
5 provide relative to the suspension of abandonment; to provide for cessation of
6 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 Notwithstanding any other provisions of the law, in the event the governor
11 declares a state of emergency pursuant to R.S. 29:721 through 772, the Supreme
12 Court of Louisiana may enter an order or series of orders as deemed necessary and
13 appropriate to suspend all prescriptive and peremptive periods for a period of time
14 not to exceed ninety days. Thereafter, should the need for continuing suspension be
15 necessary to preserve access to the courts, the governor may issue executive orders
16 as deemed appropriate. The period of suspension authorized by the provisions of this
17 Article shall terminate upon the earlier of an order of the Supreme Court of
18 Louisiana or upon termination of the declared state of disaster or emergency.
19 Nothing in this Article limits the authority of the governor or the legislature to act
20 in accordance with its authority.
21 Section 2. Code of Civil Procedure Article 562 is hereby enacted to read as follows:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-1250 ENGROSSED
HB NO. 820
1 Art. 562. Emergency suspension of abandonment
2 Notwithstanding any other provisions of the law, in the event the governor
3 declares a state of emergency, pursuant to R.S. 29:721 through 772, the Supreme
4 Court of Louisiana may enter an order or series of orders as deemed necessary and
5 appropriate to suspend the period of abandonment for a period of time not to exceed
6 ninety days. Thereafter, should the need for continuing suspension be necessary to
7 preserve access to the courts, the governor may issue executive orders as deemed
8 appropriate. The period of suspension authorized by the provisions of this Article
9 shall terminate upon the earlier of an order of the Supreme Court of Louisiana or
10 upon termination of the declared state of disaster or emergency. Nothing in this
11 Article limits the authority of the governor or the legislature to act in accordance
12 with its authority.
13 Section 3. This Act shall become effective upon signature by the governor or, if not
14signed by the governor, upon expiration of the time for bills to become law without signature
15by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
16vetoed by the governor and subsequently approved by the legislature, this Act shall become
17effective on the day following such approval.
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 820 Engrossed 2020 Regular 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 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 is declared by the governor.
Proposed law provides for continuing suspensions if the governor issues further executive
orders after the 90 days have run.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-1250 ENGROSSED
HB NO. 820
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 disaster or
emergency.
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 Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Add technical changes for the declaration of states of emergency as covered by
R.S. 29:721 through 772.
2. Provide for termination of the period of suspension.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.