Senate Bill No. by Senator Miller amends R.S. 13:4163 to create provisions for legislative continuances, enabling members of the legislature and legislative employees to request extensions of deadlines in specific legal proceedings when their presence is required during legislative sessions or constitutional conventions. The bill introduces new legal language that specifies the entitlement to peremptory grounds for continuance, requiring motions to be filed no later than five days before the proceeding, accompanied by an affidavit confirming attendance. It also allows for electronic filing of these motions, ensuring that all opposing parties are notified simultaneously.

The legislation establishes a rebuttable presumption that timely filed motions for continuance are proper and should be granted within seventy-two hours, with the new date set at least sixty days after the legislative session or convention adjourns. However, this presumption can be contested under certain conditions, such as if the motion is for an improper purpose or would cause substantial harm to the opposing party. The bill outlines the process for opposing parties to challenge the motion and mandates that courts provide written reasons for any denial of a properly filed motion. Notably, the provisions do not apply to cases involving the death penalty or where a member is called as a witness, thereby streamlining the legal obligations of legislative members while they fulfill their duties.

Statutes affected:
SB8 Original: