SLS 20RS-387 ORIGINAL
2020 Regular Session
SENATE BILL NO. 241
BY SENATOR CONNICK
PRESCRIPTION. Extends prescriptive period for delictual actions from one to two years,
but except medical malpractice. (1/1/21)
1 AN ACT
2 To amend and reenact Civil Code Article 3493.10 and to repeal Civil Code Article 3492; to
3 extend the general prescriptive period for delictual actions; to provide terms and
4 conditions; to provide for an effective date; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. Civil Code Article 3493.10 is hereby amended and reenacted to read as
7 follows:
8 Art. 3493.10. Delictual actions; two-year prescription; criminal act
9 Delictual actions which arise due to damages sustained as a result of an act
10 defined as a crime of violence under Chapter 1 of Title 14 of the Louisiana Revised
11 Statutes of 1950, except as provided in Article 3496.2, are subject to a liberative
12 prescription of two years. This prescription commences to run from the day
13 injury or damage is sustained. It does not run against minors or interdicts in
14 actions involving permanent disability and brought pursuant to the Louisiana
15 Products Liability Act or state law governing product liability actions in effect
16 at the time of the injury or damage.
17 Section 2. Civil Code Article 3492 is hereby repealed.
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 241
SLS 20RS-387 ORIGINAL
1 Section 3. This Act shall become effective on January 1, 2021.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Xavier I. Alexander.
DIGEST
SB 241 Original 2020 Regular Session Connick
Present law (C.C. Art. 3493.10) provides that delictual actions which arise due to damages
sustained as a result of an act defined as a crime of violence, except for sexual assault, are
subject to a liberative prescription of two years. This prescription commences to run from
the day injury or damage is sustained.
Proposed law provides that delictual actions are subject to a liberative prescription of two
years, and except for sexual assault commence to run from the day injury or damage is
sustained. It does not run against minors or interdicts in actions involving permanent
disability and brought pursuant to the Louisiana Products Liability Act or state law
governing product liability actions in effect at the time of the injury or damage.
Present law (C.C. Art. 3492) provides that delictual actions are subject to a liberative
prescription of one year. This prescription commences to run from the day injury or damage
is sustained. It does not run against minors or interdicts in actions involving permanent
disability and brought pursuant to the Louisiana Products Liability Act or state law
governing product liability actions in effect at the time of the injury or damage.
Proposed law repeals present law.
Effective January 1, 2021.
(Amends C.C. Art. 3493.10; repeals C.C. Art. 3492)
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.