SSHB23 4469 223
HOUSE SUMMARY OF SENATE AMENDMENTS
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)
Synopsis of Senate Amendments
1.Makes technical changes.
Digest of Bill as Finally Passed by Senate
Proposed law (C.C.P. Art. 855.1) requires civil 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 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
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 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))
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