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.
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))