The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Hanna Gettys.
DIGEST
SB 185 Engrossed 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.
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:
(a)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.
(b)criminal sentencing orders, in accordance with C.Cr.P.
(c)communications between offenders and victims, confidentiality of crime victims who are
minors, in accordance with Title 46
(d)decisions of committee on parole, in accordance with Title 15
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) 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.
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.
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) 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.