Senate Bill No. 239, introduced by Senator Miller, aims to amend the Civil Code by enacting Article 2315(C), which addresses the burden of proof in tort claims for mental anguish and emotional distress when there is no accompanying physical injury. The bill stipulates that in order to recover damages for mental anguish or emotional distress, the injured party must demonstrate a significant likelihood of experiencing genuine and serious mental distress that arises specifically from the defendant's conduct.

This new provision is set to take effect on August 1, 2026, and establishes a clearer standard for plaintiffs seeking compensation for emotional harm, thereby potentially impacting the outcomes of future tort claims related to mental distress. The bill does not delete any existing legal language but introduces specific criteria that must be met for recovery in such cases.