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)