ENROLLED
ACT No. 12
2024 Second Extraordinary Session
HOUSE BILL NO. 23
BY REPRESENTATIVE MELERINE AND SENATOR SEABAUGH
1 AN ACT
2 To 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.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Civil Procedure Article 1880 is hereby amended and reenacted,
9 and 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 civil actions alleging that a law is unconstitutional shall be in writing and
12 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 law unconstitutional is absolutely null and shall be
19 void and unenforceable if the provisions of Article 855.1 have not been met.
20 * * *
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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 law, ordinance,
7 or franchise is alleged to be unconstitutional, the attorney general of the state shall
8 also be served with a copy of the proceeding and be entitled to be heard. If the law
9 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
12 follows:
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 law shall be in writing and served upon the attorney general of the state. Upon
17 proper service, the attorney general shall have thirty days to respond to the
18 allegations or represent or supervise the interests of the state. The attorney general
19 shall have a right to directly appeal adverse rulings to the supreme court of Louisiana
20 for supervisory review whether or not the attorney general participated in the
21 underlying proceeding.
22 Section 3. R.S. 49:257(C) is hereby amended and reenacted to read as follows:
23 ยง257. Legal representation of certain state agencies
24 * * *
25 C. Notwithstanding any other law to the contrary, the attorney general, at his
26 discretion, shall represent or supervise the representation of the interests of the state
27 in any action or proceeding in which the constitutionality of a state statute law or of
28 a resolution of the legislature is challenged or assailed. In all other proceedings in
29 which the constitutionality of a law is assailed, the attorney general shall be served
30 notice or a copy of the pleading. The attorney general, at his discretion, shall be
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1 permitted to present, represent, or supervise the representation of the state's interest
2 in the proceeding if the proceeding is in accordance with Code of Civil Procedure
3 Articles 855.1 and 1845 and Code of Criminal Procedure Article 62(D). In any civil
4 proceeding challenging the constitutionality of a law, the allegations of
5 unconstitutionality shall be contained in a pleading as defined in Code of Civil
6 Procedure Article 852.
7 * * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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