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2024 Regular Session
SENATE BILL NO. 185
BY SENATORS SEABAUGH, CARTER, FOIL AND JENKINS
CIVIL PROCEDURE. Provides for legislative continuances or extensions. (8/1/24)
1 AN ACT
2 To amend and reenact the introductory paragraph of R.S. 13:4163(C)(1) and (D)(2) and to
3 enact R.S. 13:4163(E)(2)(c) and (F)(3), (4), and (5), relative to civil procedure; to
4 provide with respect to legislative continuances and extensions; to provide with
5 respect to continuance and extension of deadlines; to provide with respect for time
6 delays; to provide with respect to opposition to a motion for continuance or
7 extension; to provide for attorney fees and court costs; to provide for exceptions; and
8 to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. The introductory paragraph of 13:4163(C)(1) and (D)(2) are hereby
11 amended and reenacted and R.S. 13:4163(E)(2)(c) and (F)(3), (4), and (5) are hereby enacted
12 to read as follows:
13 ยง4163. Ex parte motion for legislative continuance or extension of time, legislators
14 or employees engaged in legislative or constitutional convention
15 activities
16 * * *
17 C.(1) Such peremptory grounds are available for the continuance of any type
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1 of proceeding and the extension of any type of deadline or legal delay pertaining to
2 a criminal case, civil case, or administrative proceeding, if the presence,
3 participation, or involvement of a member or employee is required in any capacity,
4 including any pretrial or post-trial legal proceeding, during:
5 * * *
6 D. * * *
7 (2)(a) A motion for legislative continuance or extension shall be filed at no
8 cost to a member, employee, or a client of a member or employee.
9 (b) If a party or attorney opposes a motion for continuance or extension
10 of a deadline pursuant to this Section, upon motion of any party or the court
11 upon its own motion, shall award attorney fees and court costs payable to the
12 client of the member or employee by the party or attorney who opposes such
13 motion.
14 E. * * *
15 (2) * * *
16 (c) A motion for continuance or extension of a legal deadline shall be
17 considered timely if filed within five days prior to a hearing or proceeding on
18 a motion for sanctions or penalties brought by a party or attorney due to the
19 failure of the member or employee to comply with the legal deadline.
20 * * *
21 F. (1) * * *
22 * * *
23 (3) The provisions of this Section shall not apply to proceedings wherein
24 a temporary restraining order, protective order, preliminary injunction,
25 permanent injunction, court-approved consent agreement resulting from an
26 action brought, or order issued pursuant to any of the following:
27 (a) R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2171 et seq., R.S. 46:2181
28 et seq., R.S. 9:361 et seq., R.S. 9:372, Children's Code Article 1564 et seq., Code
29 of Civil Procedure Articles 3604 and 3607.1, or peace bonds pursuant to Code
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1 of Criminal Procedure Article 30(B).
2 (b) Code of Criminal Procedure Articles, including 871.1, regarding the
3 disposition, sentence, or bail condition of a criminal matter.
4 (c) R.S. 46:1846 to prohibit communications between offenders and
5 victims following a charge or after sentencing for any crime of violence as
6 defined in R.S. 14:2, felony sex offense as defined in R.S. 46:1844(W), felony
7 human trafficking-related offense as defined in R.S. 46:1844(W), or a felony
8 offense committed upon a family member, household member, or dating
9 partner as defined by R.S. 46:2132, or upon an immediate family member of
10 such person.
11 (d) R.S. 15:574.4.2(A)(5) as condition of a parole release which requires
12 that the parolee stay away from any specific person, when the order is issued for
13 the purpose of preventing violent or threatening acts, harassment against,
14 contact or communication with, or physical proximity to, another person to
15 prevent witness intimidation, domestic abuse, stalking, dating violence, or
16 sexual assault.
17 (4) The provisions of this Section shall not apply to proceedings pursuant
18 to the Domestic Violence Prevention Firearm Transfer Act and Code of
19 Criminal Procedure Article 1001, et seq.
20 (5) The provisions of this Section shall not apply to proceedings for writs
21 of habeas corpus for the determination and enforcement of rights to the custody
22 of a minor or for the release of a person in custody in which the family court has
23 original jurisdiction.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Hanna Gettys.
DIGEST
SB 185 Reengrossed 2024 Regular Session Seabaugh
Present law (R.S. 13:4163(C)) provides that the peremptory grounds for the continuance or
extension are available to and for the benefit of a legislative member or employee for
continuance of any type of proceeding and for the extension of any type of deadline
pertaining to a criminal case, civil case, or administrative proceeding.
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Proposed law retains present law and adds that the peremptory grounds are available for any
type of legal delay.
Present law (R.S. 13:4163(D)) provides that a motion for legislative continuance or
extension shall be filed at no cost to the member, employee, or client of a member or
employee.
Proposed law retains present law but deletes "legislative".
Proposed law provides that if a motion for continuance or extension pursuant to present law
of a deadline is opposed, then the court shall award attorney fees and court costs payable to
the client of the member or employee payable by the party or attorney who opposed the
motion for legislative continuance or extension.
Present law (R.S. 13:4163(E)) provides the deadlines within which the court or agency shall
grant the continuance or extension ex parte.
Present law (R.S. 13:4163(C)) provides that the peremptory grounds for the continuance or
extension are available to and for the benefit of a legislative member or employee for
continuance of any type of proceeding and for the extension of any type of deadline
pertaining to a criminal case, civil case, or administrative proceeding.
Proposed law retains present law and adds that the peremptory grounds are available for any
type of legal delay.
Present law (R.S. 13:4163(D)) provides that a motion for legislative continuance or
extension shall be filed at no cost to the member, employee, or client of a member or
employee.
Proposed law retains present law but deletes "legislative."
Proposed law provides that if a motion for continuance or extension pursuant to present law
of a deadline is opposed, then the court shall award attorney fees and court costs payable to
the client of the member or employee payable by the party or attorney who opposed the
motion for legislative continuance or extension.
Present law (R.S. 13:4163(E)) provides the deadlines within which the court or agency shall
grant the continuance or extension ex parte.
Proposed law retains present law and provides that a motion to continue or extend a legal
deadline shall be timely if filed within five days prior to a hearing or proceeding on a motion
for sanctions or penalties.
Proposed law (R.S. 13:4163(F)) provides that the provisions of proposed law shall not apply
to proceedings wherein a temporary restraining order, protective order, preliminary
injunction, permanent injunction, court-approved consent agreement resulting from an action
brought, or order issued pursuant to the following present law provisions:
(1)Domestic abuse, dating violence, stalking, victims of sexual assault, post-separation
family violence relief, injunction against abuse, temporary restraining orders in
accordance with Title 46, Title 9, Ch.C., and C.C.P.
(2)Criminal sentencing orders, in accordance with C.Cr.P.
(3)Communications between offenders and victims, confidentiality of crime victims
who are minors, in accordance with Title 46.
(4)Decisions of committee on parole, in accordance with Title 15.
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Proposed law provides that the provisions of proposed law shall not apply to proceedings
pursuant to the Domestic Violence Prevention Firearm Transfer Act and C.Cr.P. Art.1001,
et seq.
Proposed law provides that the provisions of proposed law shall not apply to proceedings for
writs of habeas corpus for the determination and enforcement of rights to the custody of a
minor or for the release of a person in custody in which the family court has original
jurisdiction.
Effective August 1, 2024.
(Amends R.S. 13:4163(C)(1)(intropara) and (D)(2); adds R.S. 13:4163(E)(2)(c) and (F)(3),
(4), and (5))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Makes technical amendments.
2. Provides exceptions to the legislative continuance and extension.
Senate Floor Amendments to engrossed bill
1. Makes technical changes.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.