Senate Bill No. SLS 243ES-18, introduced by Senator Luneau, amends R.S. 13:4163 to establish new provisions for legislative continuances and extensions of time for legislators and legislative employees involved in legal proceedings. The bill creates a presumption that motions for continuance or extension are proper and should be granted unless there is clear and convincing evidence to the contrary. It allows legislators or legislative employees to file motions when their presence is required during legislative sessions or constitutional conventions, detailing the requirements for such motions, including the need for an affidavit verifying employment. The duration of granted continuances is reduced from sixty days to thirty days following the adjournment of a legislative session or convention, and it mandates a hearing within 48 hours if an opposing motion is requested.

The bill also removes previous provisions that deemed actions against individuals filing for continuance as nullities and deletes the provision that allowed a denial of such motions to be considered an appealable order. It retains the ability for courts to consider motions for sufficient cause at any time prior to a hearing and permits electronic filing of these motions. Additionally, the proposed law introduces provisions for requesting continuances outside legislative sessions, requiring good cause supported by an affidavit, and mandates that courts provide specific reasons for denying such motions. It allows for direct appeals to the supreme court and outlines potential disciplinary actions against legislators or employees whose motions are denied for improper purposes, while excluding certain legal proceedings from its application. The law will take effect upon the governor's signature or the lapse of time for gubernatorial action.

Statutes affected:
SB7 Original:
SB7 Engrossed:
SB7 Reengrossed: