Senate Bill No. SLS 243ES-18, introduced by Senator Luneau, amends R.S. 13:4163 to create new provisions for legislative continuances and extensions for legislators and legislative employees. The bill allows these individuals to request a continuance or extension of legal proceedings when their presence is required for legislative activities, establishing a presumption that such motions should be granted unless there is clear evidence to deny them. It modifies the duration of granted continuances from a minimum of 60 days to 30 days after the adjournment of a legislative session and outlines a process for opposing motions, including a requirement for a hearing within 48 hours if requested.
The legislation also removes previous provisions that deemed actions against individuals filing for continuance as nullities if they failed to appear in court. It deletes the ability to consider a denial of a motion as an appealable order and eliminates the option for individuals to apply directly to the supreme court for supervisory writs if their motion is denied. However, it retains the court's authority to consider motions for sufficient cause at any time before a hearing and allows for electronic filing of motions. Additionally, the bill introduces provisions for requesting continuances outside legislative sessions with a showing of good cause, mandates that courts provide reasons for denying such requests, and specifies that these provisions do not apply to certain legal proceedings, such as those involving protective orders or domestic violence cases.
Statutes affected: SB7 Original:
SB7 Engrossed:
SB7 Reengrossed: