The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Senate Legislative Services. The keyword,
summary, and digest do not constitute part of the law or proof or indicia of legislative
intent. [R.S. 1:13(B) and 24:177(E)]
DIGEST
SB 75 Engrossed 2025 Regular Session Miller
SB 75 reenacts Act No. 19 of the 2024 Third Extraordinary Session of the Legislature exactly as it
was passed by the legislature in 2024 to thwart any legal challenge to its constitutional soundness
with respect to procedures for passage of laws.
Effective upon signature of governor or lapse of time for gubernatorial action. Shall be given
prospective and retroactive application to all actions filed or pending on or after October 25, 2024.
The digest of Act No. 19 of the 2024 3rd E.S. as it finally passed is as follows:
Present law provides a member of the legislature and a legislative employee shall have peremptory
grounds for continuance or extension of a criminal case, civil case, or administrative proceeding.
Provides that the peremptory grounds for continuance or extension is available to and for the benefit
of a member or legislative employee and may be asserted or waived only by the member or
employee. Provides that such peremptory grounds are available if the presence, participation, or
involvement of the member or employee is required in any capacity, including any pretrial or post-
trial legal proceeding, during:
(1)Any time between 30 days prior to the original call to order and 30 days following the
adjournment sine die of any session of the legislature.
(2)Any time between 30 days prior to convening and 30 days following adjournment sine die
of any constitutional convention.
(3)Any time when such person is engaged in activities, including travel, in connection with or
ordered by the legislature, any legislative committee or subcommittee appointed by the
president of the Senate or the speaker of the House of Representatives, any committee or
commission appointed by the governor or other person authorized to make such
appointments, or any constitutional convention or commission.
Proposed law provides that "legislative employee" means the clerk of the House of Representative,
the secretary of the Senate, and an employee of the House of Representatives, the Senate, or the
Legislative Bureau, when such person is employed full-time during the legislative session or during
any other time in which the continuance or extension is being sought.
Proposed law provides that a member of the legislature or legislative employee shall be entitled to
peremptory grounds for a continuance of any court or agency proceeding or the extension of any legal delay or deadline, if the presence, participation, or involvement of a member of the legislature
or legislative employee, who is a party or an attorney for a party, is required in any criminal or civil
case, including any pretrial or post-trial proceeding, during any legislative session or constitutional
convention. Provides that the peremptory grounds are available any time between 30 days before the
convening of any session of the legislature or constitutional convention and 30 days after the
adjournment sine die of any session of the legislature or constitutional convention.
Present law provides that a motion for legislative continuance or extension filed by a legislative
employee shall be accompanied by an affidavit, verifying such employment or service, executed by
the presiding officer or the clerk or secretary of the respective house. Provides that the motion for
legislative continuance or extension shall be filed at no cost to a member, employee, or a client of
a member or employee. Requires the filing no later than five calendar days prior to the hearing or
proceeding to be continued. Provides special provisions for extraordinary sessions. Provides that the
motion for a legislative continuance may be filed by electronic means such as facsimile transmission
or electronic mail, or any other means authorized by law, provided that the mover shall provide all
opposing counsel or parties with a copy of the motion, simultaneously with the transmission of the
motion to the court.
Proposed law provides that the motion for continuance shall be filed no later than five days prior to
the proceeding to be continued or no later than five days prior to the expiration of the deadline to be
extended, at no cost and shall be accompanied by an affidavit that the member of the legislature or
legislative employee will be or is in actual attendance of a session of the legislature or constitutional
convention and that it is the legislator or legislative employee's intention to participate actively in
the preparation or presentation of the case. Provides that the motion for continuance may be filed
electronically if the member of the legislature or legislative employee seeking the continuance
provides all enrolled counsel or parties with a copy of the motion prior to or simultaneously with the
transmission of the motion for continuance to the clerk of court. Provides that every motion for a
legislative continuance or extension shall be served by transmitting a copy by electronic means to
counsel of record, or if there is no counsel of record, to the adverse party, at the number or address
expressly designated in a pleading or other writing for receipt of electronic service. Service by
electronic means is complete upon transmission but is not effective and shall not be certified if the
serving party learns the transmission did not reach the party to be served.
Proposed law provides that if the attorney for a party seeking a continuance is a member of the
legislature, the attorney shall also serve a copy of the motion for a legislative continuance or
extension with the judicial administrator for the Louisiana Supreme Court. The copy of the motion
shall be sent to the Louisiana Supreme Court contemporaneously with the filing of the motion for
legislative continuance or extension with the court.
Proposed law provides that there shall be a presumption that a motion for continuance filed timely
by the member of the legislature or legislative employee is proper and shall be granted within 72
hours of the filing of the motion. Requires the proceeding, legal delay or deadline to be reset to a date
not less than 60 days from the date of adjournment sine die of any session of the legislature or
constitutional convention. Proposed law provides that the presumption may be overcome by clear and convincing evidence
under either of the following circumstances:
(1)The motion is being presented for an improper purpose, such as to harass, cause unnecessary
delay, or needlessly increase the cost of litigation. A showing that the continuance shall cause
a delay or increase the cost of litigation shall not be sufficient grounds to overcome the
presumption of granting the continuance.
(2)The objecting party has a substantial existing right or interest that will be defeated or
abridged and will suffer substantial and immediate irreparable harm if the requested
continuance is granted. Notwithstanding the provisions of proposed law, the court also shall
consider any potential substantial and immediate irreparable harm to the party requesting the
continuance which may result from requiring the party requesting the continuance to obtain
new counsel with insufficient time to prepare.
Proposed law provides that the court may grant the motion ex parte or grant a hearing on a motion
in opposition to the continuance or extension. If the court grants a hearing, it shall be conducted by
telephone, or other electronic means, within 48 hours of the filing of the motion in opposition or
extension.
Proposed law requires a court denying a properly filed motion for a legislative continuance shall
issue contemporaneous written reasons for the denial that shall include an analysis of proposed law
as applied to the specific facts of the case.
Present law provides that any person or attorney who has filed a motion for legislative continuance
or extension that has been denied or which has not been granted within 72 hours of filing may apply
directly to the supreme court for supervisory writs to review the action or inaction of the court or
agency where the motion was filed.
Proposed law provides that a member of the legislature or legislative employee who has filed a
motion for legislative continuance that has been denied or which has not been granted within 72
hours may apply directly to the supreme court for supervisory writs at no cost to review the action
or inaction of the court where the motion was filed, or may file an appeal with the court of appeal
with jurisdiction as provided in proposed law.
Proposed law provides that if a motion filed pursuant to proposed law is denied or not acted upon
within the requisite deadline, then such denial shall be an appealable order. The order of appeal shall
be signed within 24 hours of being filed, and the provisions of present law (C.C.P. Art. 2088) shall
attach.
Proposed law provides that upon appeal, the reviewing court shall consider de novo any denial or
failure to act on a motion for legislative continuance or extension of proceeding.
Proposed law provides that if the supreme court affirms the lower court's denial of a motion for a
legislative continuance or extension based on proposed law, the supreme court may exercise its jurisdiction of disciplinary proceedings against the member of the legislature or legislative employee
whose motion was denied or refer the matter to the office of disciplinary counsel.
Proposed law provides that notwithstanding the provisions of proposed law, if any part of the
proceedings occurs on a day that a member of the legislature has been ordered by a majority vote of
the elected members of each house of the legislature to attend a session day during which that house
is in session, then the provisions of the Louisiana Constitution (Art. III, Sect. 10) shall be given
effect and no legal proceedings may be conducted in the member's absence on such day. If any part
of the proceeding occurs in violation of proposed law, it shall be deemed an absolute nullity.
Proposed law provides that for good cause shown, the court may consider a motion for legislative
continuance or extension at any time prior to the hearing or proceeding.
Proposed law provides that if seeking a continuance of a court proceeding or extension of any type
of deadline occurring outside the time frame of a legislative session or constitutional convention, a
member of the legislature or legislative employee that is a party or an attorney for a party to an action
may obtain a legislative continuance upon a showing of good cause. A showing, accompanied by an
affidavit, that the member or employee is required to attend an interim committee hearing or other
official legislative function and that the presence of the member or employee in court is necessary
and essential to a fair and proper trial or other proceeding in the suit may be considered good cause.
Present law provides that any action taken against a person, including any sanction imposed on an
attorney, who has filed a motion for legislative continuance or extension and which results from the
failure of such person or attorney to appear or comply with an order of the court or agency or any
deadline shall be considered an absolute nullity and shall be set aside by the court or agency upon
the filing of a motion by the aggrieved person or attorney.
Proposed law deletes present law.
Present law provides that legislative continuances shall not apply to cases in the Louisiana Supreme
Court, criminal cases where the death penalty is sought, and administrative rulemaking. Also,
provides that present law shall not apply to cases and proceedings wherein a member or employee
is called as a witness, in which instances other provisions of present law shall apply.
Proposed law provides that civil prescriptive or preemptive periods, criminal statutes of limitations,
and criminal cases where the death penalty is sought are excluded from legislative continuances.
Also, provides that proposed law does 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 any of the following:
(1)Certain present law provisions regarding domestic violence, dating violence, stalking, sexual
assault and peace bonds relating for such acts.
(2)Criminal procedure law regarding the disposition or sentence.
(3)Present law prohibits communications between offenders and victims following a charge or after sentencing for any crime of violence.
(4)Present law provides that as condition of a parole release which requires that the parolee stay
away from any specific person, when the order is issued for the purpose of preventing violent
or threatening acts, harassment against, contact or communication with, or physical
proximity to, another person to prevent witness intimidation, domestic abuse, stalking, dating
violence, or sexual assault.
(5)Child custody proceedings or proceedings pursuant to the Domestic Violence Prevention
Firearm Transfer Act.
(6)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.
The provisions of this Act shall be given prospective and retroactive application to all actions filed
or pending on or after October 25, 2024.
Effective upon signature of the governor or lapse of time for gubernatorial action.