Bill Summary – FastDemocracy

GREEN SHEET REDIGEST
HB 644                             2022 Regular Session                                Green
CIVIL/PROCEDURE: Provides relative to continuances or extensions in court
proceedings.
                                          DIGEST
Present law (R.S. 13:4163) provides members of the legislature and legislative employees
peremptory grounds for continuance or extension of any criminal case, civil case, or
administrative proceeding.
Present law (R.S. 13:4163(A)(1)) provides that a legislative continuance or extension shall
be sought by written motion.
Proposed law changes present law to provide that a legislative continuance or extension may
be sought by written motion.
Present law (R.S. 13:4163(C)(1)) provides that the peremptory grounds for the continuance
or extension are available to and for the benefit of a legislative member or employee for
continuance of any type of proceeding and for the extension of any type of deadline
pertaining to a criminal case, civil case, or administrative proceeding.
Proposed law retains present law and adds that the peremptory grounds are available for any
type of legal delay. Proposed law expands the peremptory grounds to members and
employees of the Public Service Commission or Board of Elementary and Secondary
Education.
Present law (R.S. 13:4163(C)(1)(a) and (b)) provides that peremptory grounds for a
legislative continuance and time extension shall be granted for any time between 30 days
prior to the original call to order and 30 days following the adjournment sine die of any
session of the legislature and 30 days prior to the convening and 30 days following the
adjournment sine die of any constitutional convention.
Present law (R.S. 13:4163(C)(1)(c)) provides that a continuance or time extension shall be
granted in connection with or ordered by the following:
(1)    The legislature.
(2)    Any legislative committee or subcommittee appointed by the president of the Senate
       or speaker of the House of Representatives.
(3)    Any committee or commission appointed by the governor or other person authorized
       to make such appointments.
(4)    Any constitutional convention or commission.
Proposed law adds legislative duties for which the legislator is paid a per diem.
Proposed law (R.S. 13:4163(C)(3)) provides that the court shall take judicial notice any time
the legislature or any legislative committee or subcommittee convenes, and a member or
employee is required to attend convenes.
Present law (R.S. 13:4163(D)(2)) provides that a motion for legislative continuance or
extension shall be filed at no cost to the member, employee, or client of a member or
employee.
Proposed law (R.S. 13:4163(D)(2)(b)) retains present law but adds that if an opposition is
filed against a motion for legislative or public representative continuance and extension, the
                                        Page 1 of 3
                                  Prepared by Lebra Bias.
moving party or attorney shall be required to pay reasonable attorney fees and court costs
unless the court finds the opposing of the motion was based on specific statutory authority.
Present law (R.S. 13:4163(E)(1)) provides for notice requirements for the filing of legislative
continuances or extensions. For the convening of a regular or veto legislative session or
constitutional convention, the motion shall be filed no later than five days prior to the hearing
or proceeding to be continued. For extraordinary sessions and other legislative activities,
the motion shall be filed the later of five days prior to the hearing or proceeding to be
continued or no later than two days following the issuance of the notice of the meeting.
Proposed law retains present law and provides that in circumstances where the member or
employee is unable to comply with the notice requirement, the member or employee shall
give notice at the earliest time practicable prior to the hearing or proceeding to be continued.
Proposed law provides that if a legal deadline has run, a motion to continue or extend a legal
deadline shall be timely if filed within five days prior to a hearing or proceeding on a motion
for sanctions or penalties.
Present law (R.S. 13:4163(F)(1) provides that a legislative continuance or extension shall not
apply to cases in the Supreme Court of La., criminal cases where the death penalty is sought
and certain administrative rulemaking procedures.
Present law (R.S. 13:4163(G)) provides that any action taken against a person who has filed
a motion for legislative continuance or extension which results from the failure of such
person to appear or comply with an order of the court or agency or any deadline shall be
considered an absolute nullity and shall be set aside by the court or agency upon the filing
of a motion by the aggrieved person.
Proposed law provides that in actions where present and proposed law are misapplied, those
actions shall be considered absolutely null and set aside upon the filing of a motion by the
aggrieved person.
Present law (R.S. 13:4163(H)) provides that a person or attorney who has filed a motion for
continuance or extension which that has not been granted within 72 hours may appeal
directly to the Supreme Court of La. for a supervisory writ to review the action or inaction
of the court or agency. If the motion is denied, the denial shall be an appealable order.
Proposed law retains present law and provides that the order shall include written reasons for
denying the motion.
Proposed law retains present law and provides that an appeal or application for supervisory
writ on a motion for legislative continuance or extension which that has not been granted
shall be filed at not cost to a member, employee, or client of a member or employee.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 13:4163(A)(1), (B), (C)(1), (D)(2), (E)(1)(b) and (E)(2)(c), (G) and (H); Adds
R.S. 13:4163(C)(3))
Summary of Amendments Adopted by House
    The Committee Amendments Proposed by House Committee on Civil Law and
          Procedure to the original bill:
    1.      Provide that the peremptory grounds for continuance or extension of time is
            applicable to Public Service Commission members or employees and Board of
            Elementary and Secondary Education members or employees.
    2.      Remove references limiting the motion for continuance or extension of time to
            just legislative members and employees and adds public representatives of the
                                         Page 2 of 3
                                   Prepared by Lebra Bias.
          Public Service Commission and Board of Elementary and Secondary Education
          members and employees.
   3.     Provide that the motion for continuance or extension of time shall be available
          for events in connection with the legislator's role as a legislator for which he is
          eligible to receive a per diem and for meetings and hearings of the Public Service
          Commission or Board of Elementary and Secondary Education.
   4.     Provide that if a legal deadline has run, a motion to continue or extend a legal
          deadline shall be timely if filed within five days prior to a hearing or proceeding
          on a motion for sanctions or penalties brought by opposing counsel for failure to
          comply with the legal deadline.
   5.     Remove prohibition of continuance or extension of time from cases in the
          Supreme Court of La.
   6.     Provide for an effective date upon gubernatorial signature.
   7.     Make technical changes.
   The House Floor Amendments to the engrossed bill:
   1.     Clarify that proposed law is applicable to employees of the legislature, Public
          Service Commission, and Board of Elementary and Secondary Education.
Summary of Amendments Adopted by Senate
   Committee Amendments Proposed by Senate Committee on Judiciary A to the
        reengrossed bill
   1.     Makes technical changes.
   2.     Removes provisions of proposed law which includes Public Service Commission,
          Board of Elementary and Secondary Education and an employee of each agency
          having peremptory grounds for legislative continuance.
   3.     Removes $1,000 minimum attorney fee award if a party or attorney opposes a
          legislative continuance.
   4.     Adds that the filing of a motion for legislative continuance does not interrupt
          prescription.
   5.     Adds that the court shall take judicial notice any time the legislature or a
          legislative committee convenes and the member or employee is required to
          attend.
   6.     Adds legislative duties for which the legislator is paid a per diem as peremptory
          grounds for a legislative continuance.
                                      Page 3 of 3
                                Prepared by Lebra Bias.
Statutes affected: 
HB644 Original: 13:4163(A)(1)
HB644 Engrossed: 13:4163(A)(1)
HB644 Reengrossed: 13:4163(A)(1)