GREEN SHEET REDIGEST
HB 23 2024 Second Extraordinary Session Melerine
CIVIL/PROCEDURE: Provides with respect to procedures for challenging the
constitutionality of a statute or law. (Item #21)
DIGEST
Proposed law (C.C.P. Art. 855.1) requires civil pleadings alleging a 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 statute or law
unconstitutional are absolutely null and shall be void 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
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 laws are 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))
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.
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
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Prepared by Michelle D. Ridge. 2. Add language that would make judgments rendered in a civil proceeding not in
compliance with proposed law absolutely null.
3. Require only civil actions be brought in an ordinary proceeding.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
reengrossed bill
1. Make technical changes.
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Prepared by Michelle D. Ridge.