Senate Bill No. by Senator Miller amends R.S. 13:4163 to establish provisions for legislative continuances, allowing members of the legislature and legislative employees to file for continuances or extensions of deadlines in certain legal proceedings. The bill introduces a new definition of "Motion for legislative continuance or extension" and clarifies that these motions can be filed without cost, accompanied by an affidavit verifying the individual's attendance at legislative sessions or constitutional conventions. It specifies that motions must be filed no later than five days before the proceeding and can be submitted electronically, ensuring notification to all parties involved.

The bill creates a rebuttable presumption that motions filed within the specified timeframe are proper and should be granted within seventy-two hours, with conditions outlined for overcoming this presumption. Courts are mandated to provide written reasons for any denial of a motion. The provisions do not apply to certain cases, including those involving the death penalty or child custody proceedings. Additionally, members of the legislature or legislative employees are entitled to peremptory grounds for a continuance if their presence is required during legislative sessions or constitutional conventions, with specific timelines and processes for filing motions. The legislation aims to streamline the process for legislative members while considering the rights of opposing parties.

Statutes affected:
SB8 Original: