HLS 242ES-69 ORIGINAL
2024 Second Extraordinary Session
HOUSE BILL NO. 23
BY REPRESENTATIVE MELERINE
CIVIL/PROCEDURE: Provides with respect to procedures for challenging the
constitutionality of a statute or law (Item #21)
1 AN ACT
2To amend and reenact R.S. 49:257(C) and Code of Civil Procedure Article 1880 and to enact
3 Code of Civil Procedure Articles 855.1 and 1845 and Code of Criminal Procedure
4 Article 62(D), relative to procedures challenging the constitutionality of state law;
5 to provide for procedures for actions alleging unconstitutionality of laws; and to
6 provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Civil Procedure Article 1880 is hereby amended and reenacted,
9and Code of Civil Procedure Articles 855.1 and 1845 are hereby enacted to read as follows:
10 Art. 855.1. Pleadings for unconstitutionality of state law
11 All actions alleging that a statute or law is unconstitutional shall be in writing
12 and be brought in an ordinary proceeding. The pleading shall be served upon the
13 attorney general of the state in accordance with Article 1314. Upon proper service,
14 the attorney general shall have thirty days to respond to the allegations or represent
15 or supervise the interests of the state.
16 * * *
17 Art. 1845. Effects of judgments on state law
18 A judgment rendering a statute or law unconstitutional is null and shall be
19 void and unenforceable if the provisions of Article 855.1 have not been met.
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HB NO. 23
1 Art. 1880. Parties
2 When declaratory relief is sought, all persons shall be made parties who have
3 or claim any interest which would be affected by the declaration, and no declaration
4 shall prejudice the rights of persons not parties to the proceeding. In a proceeding
5 which involves the validity of a municipal ordinance or franchise, such municipality
6 shall be made a party, and shall be entitled to be heard. If the statute, ordinance, or
7 franchise is alleged to be unconstitutional, the attorney general of the state shall also
8 be served with a copy of the proceeding and be entitled to be heard. If the statute or
9 law is alleged to be unconstitutional, pleadings shall be made pursuant to the
10 requirements in Articles 855.1 and 1845.
11 Section 2. Code of Criminal Procedure Article 62(D) is hereby enacted to read as
12follows:
13 Art. 62. Authority of attorney general; supervision of district attorney
14 * * *
15 D. Any pleading containing an allegation of unconstitutionality of a criminal
16 statute shall be brought in accordance with Code of Civil Procedure Articles 855.1
17 and 1845 and shall be served upon the attorney general of the state. Upon proper
18 service, the attorney general shall have thirty days to respond to the allegations or
19 represent or supervise the interests of the state. The attorney general shall have a
20 right to directly appeal adverse rulings to the supreme court of Louisiana for
21 supervisory review whether or not the attorney general participated in the underlying
22 proceeding.
23 Section 3. R.S. 49:257(C) is hereby amended and reenacted to read as follows:
24 ยง257. Legal representation of certain state agencies
25 * * *
26 C. Notwithstanding any other law to the contrary, the attorney general, at his
27 discretion, shall represent or supervise the representation of the interests of the state
28 in any action or proceeding in which the constitutionality of a state statute or of a
29 resolution of the legislature is challenged or assailed. In all other proceedings in
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HB NO. 23
1 which the constitutionality of a statute or law is assailed, the attorney general shall
2 be served notice or a copy of the pleading. The attorney general, at his discretion,
3 shall be permitted to present, represent, or supervise the representation of the state's
4 interest in the proceeding if the proceeding is in accordance with Civil Code of
5 Procedure Articles 855.1 and 1845. In any civil proceeding challenging the
6 constitutionality of a statute or law, the allegations of unconstitutionality must be
7 contained in a pleading as defined in Code of Civil Procedure Article 852.
8 * * *
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 23 Original 2024 Second Extraordinary Session Melerine
Abstract: Establishes the procedures to challenge the constitutionality of statutes or law.
Proposed law (C.C.P. Art. 855.1) requires all pleadings alleging a statute or law
unconstitutional to be in writing and brought as an ordinary proceeding. Proposed law also
allows the attorney general 30 days to respond to the pleading or represent or supervise the
interests of the state.
Proposed law (C.C.P. Art. 1845) provides that judgments rendering a statue or law
unconstitutional are null and shall be voided and unenforceable if the provisions of proposed
law are not met.
Present law (R.S. 49:257(C)) provides that the attorney general under his discretion shall
represent or supervise the representation of the interests of the state in any action or
proceeding in which the constitutionality of a state statute or of a resolution of the legislature
is challenged or assailed.
Proposed law retains present law but requires all other proceedings to be in accordance with
C.C.P. Art. 852 and proposed law.
Present law (C.C.P. Art. 1880) provides that when declaratory relief is sought, all persons
shall be made parties who have or claim any interest which would be affected by the
declaration, and no declaration shall prejudice the rights of persons not parties to the
proceeding.
Proposed law retains present law but requires proceedings alleging unconstitutionality of
statutes or laws be in accordance with proposed law.
Present law (C.Cr.P. Art. 62) provides supervisory authority for the attorney general in
certain circumstances involving the district attorneys and other state interests.
Proposed law retains present law but requires actions alleging that statutes or lawsare
unconstitutional to be brought in accordance with proposed law.
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HB NO. 23
Proposed law allows the attorney general 30 days to respond to the pleading or represent or
supervise the interests of the state.
Proposed law also allows the attorney general to directly appeal adverse rulings to the
supreme court of Louisiana for a supervisory review whether or not the attorney general
participated in the underlying proceeding.
(Amends R.S. 49:257(C) and C.C.P. Art. 1880; Adds C.C.P. Art. 855.1 and 1845 and C.Cr.P.
Art. 62(D))
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