House Bill No. 217, introduced by Representative Mena, establishes new provisions for legislative continuances and extensions of time for legislators and legislative employees. The bill enacts R.S. 13:4163.1, allowing these individuals to file for continuances in court or administrative proceedings when their presence is required during legislative sessions or constitutional conventions. The motions can be filed at no cost, must be submitted no later than five days before the relevant proceeding, and can be filed electronically. A rebuttable presumption is created that such motions will be granted within 72 hours unless clear and convincing evidence suggests otherwise. The bill also outlines definitions, conditions for requesting continuances, and procedures for filing motions, while requiring courts to provide written reasons for any denial and allowing appeals to the supreme court at no cost.

Additionally, the bill repeals R.S. 13:4163 entirely, streamlining the process for legislative continuances. It specifies that certain legal proceedings, such as those involving domestic violence or criminal cases with death penalty implications, are excluded from these provisions. The law allows for motions to be considered at any time prior to a hearing if good cause is shown and permits courts to grant motions ex parte or conduct hearings electronically within 48 hours of filing. The legislation applies both prospectively and retroactively to actions filed or pending after October 25, 2024, and will take effect upon the governor's signature or the lapse of time for gubernatorial action.

Statutes affected:
HB217 Original: