Senate Bill No. SLS 243ES-18, introduced by Senator Luneau, amends R.S. 13:4163 to facilitate legislative continuances and extensions for legislators and legislative employees involved in legal proceedings. The bill establishes 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 these motions to be filed in criminal, civil, or administrative cases when a legislator or employee's presence is required, particularly during legislative sessions or constitutional conventions. The bill outlines the filing process, including the need for an affidavit verifying employment and a timeline for submission.

The proposed legislation modifies the duration of granted continuances from a minimum of 60 days to 30 days following the adjournment of a legislative session or constitutional convention. It also mandates that courts provide specific reasons for denying a properly filed motion for legislative continuance or extension and allows for direct appeals to the supreme court to review such denials. The bill removes previous provisions that deemed actions against individuals filing for continuance as nullities and eliminates the ability to apply directly to the supreme court for supervisory writs if a motion for continuance was denied. Additionally, it explicitly excludes certain legal proceedings, such as those involving temporary restraining orders, child custody, and domestic violence cases, from its provisions.

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