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LAJ summary of selected bill and effective dates
2009 Regular Session of the Louisiana Legislature
LAJ staff prepared this summary of selected bills of the 2009 Regular Session of the Louisiana Legislature from legislative instruments and digests posted on the Web site of the Louisiana Legislature and available as of August 13, 2009. For access to all the legislative instruments from the 2009 Regular Session, go to www.legis.state.la.us.
Article 3, Section 19 of the Louisiana Constitution specifies that the effective date of an act of a regular session shall be Aug. 15 of the calendar year in which the session was held, unless the instrument itself specifies a different effective date.
Please forward corrections, comments, questions or other concerns to Tom Wright at LAJ, phone 800-354-6267 or 225- 242-4837, or email to twright@lafj.org.
Download a PDF version of the session summary.
Information is divided into these categories:
CIVIL PRACTICE
Immunities
Governmental Liability
Medical Malpractice
Practice and Procedure
Property and Casualty Insurance
Punitive Damages
Workers' Compensation
CRIMINAL PRACTICE
FAMILY PRACTICE
Allows health-care workers to refuse to participate in abortions, stem-cell research and human embryo cloning on religious grounds without civil or criminal liability or adverse employment actions. (Adds R.S. 40:1299.35.9 and 1300.291)
HB 517 LeBas, Act 372. Effective Aug. 15, 2009
Immunity during a declared state of emergency for any natural or juridical person who gratuitously and voluntarily renders any disaster relief or recovery services in coordination with the state or its political subdivisions, except in the event of gross negligence or willful misconduct. Does not apply to unlicensed persons providing care, assistance, goods or services for which a license is required. (Adds R.S. 29:735.3.1)
Immunity during a declared state of emergency for any natural or juridical person who gratuitously and voluntarily renders any disaster relief or recovery services in coordination with the state or its political subdivisions, except in the event of gross negligence or willful misconduct. Does not apply to unlicensed persons providing care, assistance, goods or services for which a license is required. (Adds R.S. 29:735.3.1)
HB 554 Landry, Act 295. Effective Aug. 15, 2009
Creates the Louisiana Geologic Sequestration of Carbon Dioxide Act. Limits the civil liability of an owner or operator of a storage facility or such transmission pipeline or generator of the carbon dioxide for non-economic damages to $250,000 per occurrence; however, in an action for wrongful death, permanent and substantial physical deformity, loss of use of limb or organ systems, or permanent physical or mental injury that prevents independent care and prevents life-sustaining activities non-economic damages shall not exceed $500,000. If liability caps are found unconstitutional, such damages may not exceed $1 million. No liability to state for assuming ownership of a storage facility after the issuance of the certificate of completion of injection operations. (Adds R.S. 19:2(12) and R.S. 30:1101-1111)
Creates the Louisiana Geologic Sequestration of Carbon Dioxide Act. Limits the civil liability of an owner or operator of a storage facility or such transmission pipeline or generator of the carbon dioxide for non-economic damages to $250,000 per occurrence; however, in an action for wrongful death, permanent and substantial physical deformity, loss of use of limb or organ systems, or permanent physical or mental injury that prevents independent care and prevents life-sustaining activities non-economic damages shall not exceed $500,000. If liability caps are found unconstitutional, such damages may not exceed $1 million. No liability to state for assuming ownership of a storage facility after the issuance of the certificate of completion of injection operations. (Adds R.S. 19:2(12) and R.S. 30:1101-1111)
HB 661 Morris, Act 517. Effective Aug. 15, 2009
Immunity for pharmacist, certified pharmacy technician or pharmacy employee for any act or omission resulting in damage, injury or loss arising out of the sale and monitoring of nonprescription products containing ephedrine, pseudoephedrine or phenylpropanolamine, except for gross negligence or willful or wanton misconduct. (Adds R.S. 40:962.1(E), 962.1.1(F), 964(E), 1006(E) and (F), and R.S. 40:1049.1-1049.11; repeals R.S. 40:962.1.1(D) and 962.1.2)
Immunity for pharmacist, certified pharmacy technician or pharmacy employee for any act or omission resulting in damage, injury or loss arising out of the sale and monitoring of nonprescription products containing ephedrine, pseudoephedrine or phenylpropanolamine, except for gross negligence or willful or wanton misconduct. (Adds R.S. 40:962.1(E), 962.1.1(F), 964(E), 1006(E) and (F), and R.S. 40:1049.1-1049.11; repeals R.S. 40:962.1.1(D) and 962.1.2)
HB 890 Mills, Act 314. Effective Aug. 15, 2009
Immunity for any health-care provider or health-care personnel who renders or fails to render health-care services, first aid, ambulatory assistance or transportation anywhere in the state in the course of and resulting from an evacuation, sheltering, transportation or repopulation of a health-care provider facility during a declared state of emergency, unless the damages are caused by gross negligence or willful and wanton misconduct. Immunity extends for 30 days after the end of the initial declared state of emergency. “Health care personnel” includes all employees and volunteers of a health-care provider facility, a mobile medical unit, and the officers, directors, shareholders, partners, members or managers of legal entities that own or operate a facility. (Adds R.S. 29:735.5)
Immunity for any health-care provider or health-care personnel who renders or fails to render health-care services, first aid, ambulatory assistance or transportation anywhere in the state in the course of and resulting from an evacuation, sheltering, transportation or repopulation of a health-care provider facility during a declared state of emergency, unless the damages are caused by gross negligence or willful and wanton misconduct. Immunity extends for 30 days after the end of the initial declared state of emergency. “Health care personnel” includes all employees and volunteers of a health-care provider facility, a mobile medical unit, and the officers, directors, shareholders, partners, members or managers of legal entities that own or operate a facility. (Adds R.S. 29:735.5)
SB 106 Cheek, Act 231. Effective July 1, 2009.
Uniform Emergency Volunteer Health Practitioners Act. Creates during emergency periods an interstate recognition of medical licenses held by volunteer medical professionals who register with a multi-state compact. Defines “volunteer health practitioner” as one who provides health services, regardless of compensation, as long as the person receiving the health services does not pay. Health services include those related to health or death of individuals and specifically include funeral, cremation, cemetery or other mortuary services. Practitioner is generally immune from liability for an act or omission in providing services, except for willful misconduct or wanton, grossly negligent, reckless or criminal conduct. There is no vicarious liability for damages if the practitioner is not also liable. The length of the liability limitation is tied to official emergency declarations. (Adds R.S. 29:781-792; repeals R.S. 29:735.2(A))
Uniform Emergency Volunteer Health Practitioners Act. Creates during emergency periods an interstate recognition of medical licenses held by volunteer medical professionals who register with a multi-state compact. Defines “volunteer health practitioner” as one who provides health services, regardless of compensation, as long as the person receiving the health services does not pay. Health services include those related to health or death of individuals and specifically include funeral, cremation, cemetery or other mortuary services. Practitioner is generally immune from liability for an act or omission in providing services, except for willful misconduct or wanton, grossly negligent, reckless or criminal conduct. There is no vicarious liability for damages if the practitioner is not also liable. The length of the liability limitation is tied to official emergency declarations. (Adds R.S. 29:781-792; repeals R.S. 29:735.2(A))
Creates the Witness Protection Services Act. Grants “absolute immunity” to the state, any political subdivision, or any officer or employee for any action or inaction in providing or failing to provide witness protection. (Amends R.S. 44:4.1(B)(7); adds R.S. 15:1601-1614 and 36:4(O); repeals R.S. 15:262)
Adds nurse practitioner and clinical nurse specialist to the Medical Malpractice Act. (Amends R.S. 40:1299.39(A)(1)(a)(ii) and 1299.41(A)(10))
HB 671 Willmott, Act 14. Effective Aug. 15, 2009
[Also see Immunities HB 517, HB 554, HB 890, SB 106, SB 107.]
[Also see Immunities HB 517, HB 554, HB 890, SB 106, SB 107.]
Evidence. Allows the introduction of a hearsay statement of a declarant against a party that is unavailable as a witness because of actions taken by that party. [Fed. R. E. 801(B)(6))]. (Adds C.E. Art. 804(B)(7))
HB 256 Richardson, Act 7. Effective Aug. 15, 2009
Increases homestead exemption from seizure from $25,000 to $35,000 and prohibits the seizure of a homestead to satisfy a judgment for credit card charges. (Amends R.S. 20:1(A)(2); adds R.S. 13:3851.1)
Increases homestead exemption from seizure from $25,000 to $35,000 and prohibits the seizure of a homestead to satisfy a judgment for credit card charges. (Amends R.S. 20:1(A)(2); adds R.S. 13:3851.1)
HB 261 Connick, Act 201. Effective June 30, 2009
Law Institute. Updates the Louisiana Uniform Commercial Code on warehouses and documents of title including warehouse receipts, destination bills, bills of lading, rules of negotiability of bills of lading and documents of title, liens of carriers, a carrier’s duty of care, and lost or missing documents of title; establishes conforming amendments to other sections of the UCC. (Amends R.S. 10:1-201(b)(5), (6), (15), (16), (21), and (42), 4-104(c), 4-210(c), 7-101-7-105, 7-201-7-210, 7-301-7-309, 7-401-7-404, 7-501-7-509, 7- 601-7-604, and 7-701, 9-102(a)(30), (b), and (d)(7), 9-203(b) and (3)(D), 9-207(c), 9-208(b)(5) and (6), 9-301(3), 9-310(b)(5) and (8), 9-312(e), 9-313(a), 9-314(a) and (b), 9-317(b) and (d), 9-338, and 9-601(b); adds R.S. 10:8-103(g) and 9-208(b)(7))
HB 403 Foil, Act 207. Effective Jan. 1, 2010
Law Institute. Updates the Louisiana Uniform Commercial Code on warehouses and documents of title including warehouse receipts, destination bills, bills of lading, rules of negotiability of bills of lading and documents of title, liens of carriers, a carrier’s duty of care, and lost or missing documents of title; establishes conforming amendments to other sections of the UCC. (Amends R.S. 10:1-201(b)(5), (6), (15), (16), (21), and (42), 4-104(c), 4-210(c), 7-101-7-105, 7-201-7-210, 7-301-7-309, 7-401-7-404, 7-501-7-509, 7- 601-7-604, and 7-701, 9-102(a)(30), (b), and (d)(7), 9-203(b) and (3)(D), 9-207(c), 9-208(b)(5) and (6), 9-301(3), 9-310(b)(5) and (8), 9-312(e), 9-313(a), 9-314(a) and (b), 9-317(b) and (d), 9-338, and 9-601(b); adds R.S. 10:8-103(g) and 9-208(b)(7))
HB 403 Foil, Act 207. Effective Jan. 1, 2010
Venue under Governmental Claims Act. All suits filed against the state, a state agency or an officer or employee thereof for conduct arising out of the discharge of his official duties or within the course and scope of his employment must be brought in the 19th JDC or in the parish in which the cause of action arises. (Amends R.S. 13:5104(A))
HB 566 Ellington, Act 13. Effective Aug. 15, 2009
Revises Medical Assistance Program Integrity Law to allow a qui tam plaintiff to recover a civil monetary penalty, even if the secretary or attorney general intervenes or the court determines that the allegations are based on information from sources other than the qui tam plaintiff. Employee harmed by an employer for pursuing a qui tam action is entitled to relief, including reinstatement, two times back pay, interest on back pay and special damages. (Amends R.S. 46:438.3(B), 439.1, 439.2(A)(2)(b), 439.3, and 439.4(A)(1) and (3), (C)(1), (D), and (G))
HB 620 Cortez, Act 426. Effective Aug. 15, 2009
Requires DOTD to adopt minimum safety “guidelines” instead of “standards” for highway and bridge design, construction and maintenance. (Amends R.S. 48:35)
HB 652 Norton, Act 219. Effective June 30, 2009
Authorizes the judges of any judicial district court, by rule adopted by a majority vote of the judges sitting en banc, to adopt specialized divisions or sections of the court with specified subject matter jurisdiction, such as criminal, civil, drug and DUI offenses, mental health, juvenile, violent crimes or homicides. (Adds R.S. 13:587.4 and 1344)
Authorizes the judges of any judicial district court, by rule adopted by a majority vote of the judges sitting en banc, to adopt specialized divisions or sections of the court with specified subject matter jurisdiction, such as criminal, civil, drug and DUI offenses, mental health, juvenile, violent crimes or homicides. (Adds R.S. 13:587.4 and 1344)
HB 574 Richmond, Act 215. Effective June 30, 2009
Increases to five years the prescriptive period for an action for damages for harvesting timber without the owner’s consent. (Amends C.C. Art. 3497; adds R.S. 3:4278.1(G) and 4278.2(G))
Increases to five years the prescriptive period for an action for damages for harvesting timber without the owner’s consent. (Amends C.C. Art. 3497; adds R.S. 3:4278.1(G) and 4278.2(G))
SB 60 Kostelka, Act 107. Effective Aug. 15, 2009
“Small succession” value on or after Jan. 1, 2010, increased from $50,000 to $75,000; can include immovable property under certain circumstances; procedure for proof by affidavit. (Amends C.C.P. Arts. 3421, 3431, 3432, and 3434; repeals C.C.P. Art. 3433)
“Small succession” value on or after Jan. 1, 2010, increased from $50,000 to $75,000; can include immovable property under certain circumstances; procedure for proof by affidavit. (Amends C.C.P. Arts. 3421, 3431, 3432, and 3434; repeals C.C.P. Art. 3433)
Prohibits insurers from refusing to issue an automobile insurance policy providing collision or comprehensive coverage on a newly purchased motor vehicle to one of the insurer’s existing automobile policyholders who is an otherwise qualified purchaser based solely on a named tropical storm or hurricane in the Gulf of Mexico. (Adds R.S. 22:1289.1)
HB 185 Cortez, Act 324. Effective Aug. 15, 2009
Allows auto insurer who has paid and satisfied an insured’s third physical damage claim within a period of five years to modify an insured’s physical damage coverage by including a deductible up to $500. (Amends R.S. 22:1266(B)(2))
HB 201 Thibaut, Act 472. Effective Aug. 15, 2009
Allows auto insurer who has paid and satisfied an insured’s third physical damage claim within a period of five years to modify an insured’s physical damage coverage by including a deductible up to $500. (Amends R.S. 22:1266(B)(2))
HB 201 Thibaut, Act 472. Effective Aug. 15, 2009
Permissive user. Prohibits motor vehicle liability insurance policies from limiting or dropping down policy coverage under an insured’s policy to the minimum limits required by financial responsibility law for persons operating the vehicle with express or implied permission. (Amends R.S. 22:1282)
HB 208 Monica, Act 280. Effective Aug. 15, 2009
Limits named-storm, hurricane, and wind and hail homeowner insurance deductibles to one per year on policies issued or renewed by authorized insurers on or after Jan. 1, 2010. (Adds R.S. 22:1337)
HB 333 Kleckley, Act 134. Effective June 25, 2009
Makes technical changes to the Louisiana Insurance Code including correction of citations, updates of terms and language, reorganization of provisions, elimination of obsolete or ineffective provisions, such as transition provisions and past effective dates, and harmonizing of inconsistent provisions. (205-page bill makes changes to approximately one-third of Title 22.)
Makes technical changes to the Louisiana Insurance Code including correction of citations, updates of terms and language, reorganization of provisions, elimination of obsolete or ineffective provisions, such as transition provisions and past effective dates, and harmonizing of inconsistent provisions. (205-page bill makes changes to approximately one-third of Title 22.)
HB 404 Kleckley, Act 503. Effective Aug. 15, 2009
Requires disclosure of separate hurricane, wind or named-storm deductibles on homeowners policy to include a standardized example of how it will be applied under the policy. Disclosure is for informational purposes and admissible only to show notice was or was not provided. Amends R.S. 22:1319 and 1332(B) and (2); adds R.S. 22:1332(B)(6) and (C))
Requires disclosure of separate hurricane, wind or named-storm deductibles on homeowners policy to include a standardized example of how it will be applied under the policy. Disclosure is for informational purposes and admissible only to show notice was or was not provided. Amends R.S. 22:1319 and 1332(B) and (2); adds R.S. 22:1332(B)(6) and (C))
HB 437 McVea, Act 36. Effective Jan. 1, 2010
Requires a homeowner’s insurer to give notice of cancellation or if, at the request of the insured, any person is removed or substituted on the policy. (Amends R.S. 22:887(A) and (4); adds R.S. 22:887(A)(5))
Requires a homeowner’s insurer to give notice of cancellation or if, at the request of the insured, any person is removed or substituted on the policy. (Amends R.S. 22:887(A) and (4); adds R.S. 22:887(A)(5))
HB 580 Roy, Act 333. Effective April 1, 2010
Prohibits any property or casualty insurer or insurance producer from issuing a certificate of insurance or any other type of document purporting to be a certificate of insurance that will affirmatively or negatively alter, amend or extend the coverage provided by the referenced insurance policy. A certificate of insurance may not convey any contractual rights to the certificate holder. (Adds R.S. 22:881.1)
Prohibits any property or casualty insurer or insurance producer from issuing a certificate of insurance or any other type of document purporting to be a certificate of insurance that will affirmatively or negatively alter, amend or extend the coverage provided by the referenced insurance policy. A certificate of insurance may not convey any contractual rights to the certificate holder. (Adds R.S. 22:881.1)
HB 623 Baldone, Act 335. Effective Aug. 15, 2009
Regulation of home service contract providers by the commissioner of insurance includes registration, disclosures, recordkeeping and enforcement. (Adds R.S. 22:821(B)(28) and 1806.1-1806.9)
Regulation of home service contract providers by the commissioner of insurance includes registration, disclosures, recordkeeping and enforcement. (Adds R.S. 22:821(B)(28) and 1806.1-1806.9)
HB 704 Baldone, Act 101. Effective Jan. 1, 2010
Revises the way Louisiana Citizens Property Insurance Corporation develops rates. Authorizes the board of directors to establish rating territories as it deems appropriate and requires that any changes to the rating territories be approved by the legislative insurance committees, acting jointly. (Amends R.S. 22:2303(A) and (D)(1))
Revises the way Louisiana Citizens Property Insurance Corporation develops rates. Authorizes the board of directors to establish rating territories as it deems appropriate and requires that any changes to the rating territories be approved by the legislative insurance committees, acting jointly. (Amends R.S. 22:2303(A) and (D)(1))
SB 130 Hebert, Act 483. Effective Aug. 15, 2009
Allows the commissioner of insurance to extend the 30-day time period for initiating a loss adjustment for damages arising from a declared emergency or disaster up to an additional 30 days. Thereafter, only one additional extension may be allowed and must be approved by the Senate Committee on Insurance and the House Committee on Insurance, voting separately.(Amends R.S. 22:1892(A)(3))
SB 214 Morrish, Act 488. Effective Aug. 15, 2009
Allows the commissioner of insurance to extend the 30-day time period for initiating a loss adjustment for damages arising from a declared emergency or disaster up to an additional 30 days. Thereafter, only one additional extension may be allowed and must be approved by the Senate Committee on Insurance and the House Committee on Insurance, voting separately.(Amends R.S. 22:1892(A)(3))
SB 214 Morrish, Act 488. Effective Aug. 15, 2009
Authorizes Louisiana Citizens to write business interruption insurance only with respect to commercial properties on a monoline basis as essential property insurance. (Amends R.S. 22:2292(6) and (12))
SB 218 Morrell, Act 239. Effective Aug. 15, 2009
Surplus Lines. Policies of fire and extended coverage issued by an authorized insurer must be approved by the commissioner of insurance, thereby exempting surplus lines insurers from limits on co-insurance clause provisions. (Amends R.S. 22:1317)
SB 290 Quinn, Act 250. Effective Aug. 15, 2009
Allows punitive damages for a victim of child pornography upon proof that the injuries were caused by the wanton and reckless disregard for the rights and safety of the person through an act of pornography involving juveniles, as defined in R.S. 14:81.1, regardless of whether the defendant was prosecuted for his acts. (Amends R.S. 14:81.1(F); adds C.C. Art. 2315.3)
Requires workers’ compensation coverage for volunteer firefighters. (Amends R.S. 22:347(A)(1) and R.S. 23:1036(A), (C)(1) and (3), (E), and (H); adds R.S. 23:1036(C)(4) and (L); repeals R.S. 23:1036(D)(3), (F), (G), and (J))
HB 729 Billiot, Act 304. Effective July 1, 2009
Establishes a medical advisory council to assist the state workers’ compensation director in creating guidelines for a medical treatment schedule for injured workers. (Adds R.S. 23:1203.1)
Establishes a medical advisory council to assist the state workers’ compensation director in creating guidelines for a medical treatment schedule for injured workers. (Adds R.S. 23:1203.1)
Adds exception to the crime of second degree battery for a medical provider who has obtained the consent of a patient. (Amends R.S. 14:34.1)
HB 36 Ponti, Act 264. Effective Aug. 15, 2009
Provides for proof of a valid prescription as a defense to violations of the Uniform Controlled Dangerous Substances Law. (Adds R.S. 40:991 and C.Cr.P. Art. 532(10) and 535(7))
Provides for proof of a valid prescription as a defense to violations of the Uniform Controlled Dangerous Substances Law. (Adds R.S. 40:991 and C.Cr.P. Art. 532(10) and 535(7))
HB 43 Geymann, Act 265. Effective Aug. 15, 2009
Creates the crime of discharging a firearm at a public event. (Adds R.S. 14:95.2.2)
Creates the crime of discharging a firearm at a public event. (Adds R.S. 14:95.2.2)
HB 44 LaFonta, Act 150. Effective Aug. 15, 2009
Prohibits installation of car amplification systems on the exterior of a vehicle chassis. (Adds R.S. 32:378.3)
Prohibits installation of car amplification systems on the exterior of a vehicle chassis. (Adds R.S. 32:378.3)
HB 55 LaFonta, Act 124. Effective Aug. 15, 2009
Amends criminal penalty for disposal of movable property with fraudulent or malicious intent. (Amends R.S. 14:72.4(B))
HB 58 Chandler, Act 152. Effective Aug. 15, 2009
Amends criminal penalty for disposal of movable property with fraudulent or malicious intent. (Amends R.S. 14:72.4(B))
HB 58 Chandler, Act 152. Effective Aug. 15, 2009
Adds drugs to Schedule I classification, Controlled Dangerous Substance Law. (Adds R.S. 40:964(Schedule I)(C)(5.1) and (E)(5.1))
HB 69 Lopinto, Act 153. Effective Aug. 15, 2009
Adds $1 in court costs for each criminal defendant who is convicted, pleads guilty or forfeits bond, with funds to be used for witness protection program. (Adds R.S. 13:10.4)
HB 70 Hardy, Act 267. Effective Oct. 1, 2009, if Judicial Council approves the fee increase.
Amends penalty provisions of home-improvement fraud statute. Adds mandatory restitution. (Amends R.S. 14:202.1(D) and (E); adds R.S. 14:202.1(F) and (G))
Amends penalty provisions of home-improvement fraud statute. Adds mandatory restitution. (Amends R.S. 14:202.1(D) and (E); adds R.S. 14:202.1(F) and (G))
HB 76 Willmott, Act 268. Effective Aug. 15, 2009
Defines a firearm for purposes of the crime of illegally carrying or possessing a firearm by certain convicted felons. (Adds R.S. 14:95.1(D))
Defines a firearm for purposes of the crime of illegally carrying or possessing a firearm by certain convicted felons. (Adds R.S. 14:95.1(D))
HB 82 Billiot, Act 154. Effective Aug. 15, 2009
Amends elements of the crime of indecent behavior with juveniles involving lewd or lascivious communications. (Amends R.S. 14:81(A)(2), (C), and (E))
Amends elements of the crime of indecent behavior with juveniles involving lewd or lascivious communications. (Amends R.S. 14:81(A)(2), (C), and (E))
HB 87 Carmody, Act 198. Effective Aug. 15, 2009
Amends definition of crime of cruelty to animals and amends penalties. (Amends R.S. 14:102.1(A)(1)(h) and (2)(b) and (B)(5); adds R.S. 14:102.1(A)(2)(c) and (d) and (3) and (B)(6))
Amends definition of crime of cruelty to animals and amends penalties. (Amends R.S. 14:102.1(A)(1)(h) and (2)(b) and (B)(5); adds R.S. 14:102.1(A)(2)(c) and (d) and (3) and (B)(6))
HB 90 Ligi, Act 179. Effective Aug. 15, 2009
Certain experts can testify by simultaneous audiovisual transmission during a criminal proceeding, a juvenile or family court proceeding of a criminal nature or a civil forfeiture proceeding arising from alleged criminal activity. (Adds R.S. 15:502)
Certain experts can testify by simultaneous audiovisual transmission during a criminal proceeding, a juvenile or family court proceeding of a criminal nature or a civil forfeiture proceeding arising from alleged criminal activity. (Adds R.S. 15:502)
HB 119 Burns, Henry, Act 272. Effective Aug. 15, 2009
Amends definition of second degree murder by unlawful distribution or dispensing of controlled dangerous substances. (Amends R.S. 14:30.1(A)(3) and (4))
Amends definition of second degree murder by unlawful distribution or dispensing of controlled dangerous substances. (Amends R.S. 14:30.1(A)(3) and (4))
HB 132 Geymann, Act 155. Effective Aug. 15, 2009
Increases civil and criminal penalties for certain actions committed by a contractor. (Amends R.S. 37:2160(C) and 2162(I); adds R.S. 37:2158(E) and 2160(D))
Increases civil and criminal penalties for certain actions committed by a contractor. (Amends R.S. 37:2160(C) and 2162(I); adds R.S. 37:2158(E) and 2160(D))
HB 147 LaFonta, Act 156. Effective Aug. 15, 2009
Amends definition of negligent injuring and negligent homicide to include attacks by dogs or other animals. (Amends R.S. 14:32(A) and 39; adds R.S. 14:32(C)(3), (D), and (E) and R.S. 22:1320)
Amends definition of negligent injuring and negligent homicide to include attacks by dogs or other animals. (Amends R.S. 14:32(A) and 39; adds R.S. 14:32(C)(3), (D), and (E) and R.S. 22:1320)
HB 155 Hardy, Act 199. Effective Aug. 15, 2009
Adds definitions to the crime of false personation of a peace officer. (Amends R.S. 14:112.1(B); adds R.S. 14:112.1(A)(4) and (C))
Adds definitions to the crime of false personation of a peace officer. (Amends R.S. 14:112.1(B); adds R.S. 14:112.1(A)(4) and (C))
HB 157 Badon, Austin, Act 157. Effective Aug. 15, 2009
Condition of probation or parole for sex offenders can include consent to searches by law enforcement officers upon reasonable suspicion the person has engaged in criminal activity. (Amends R.S. 15:574.4(H)(4)(r) and C.Cr.P. Art. 895(A)(13))
Condition of probation or parole for sex offenders can include consent to searches by law enforcement officers upon reasonable suspicion the person has engaged in criminal activity. (Amends R.S. 15:574.4(H)(4)(r) and C.Cr.P. Art. 895(A)(13))
HB 171 Hill, Act 362. Effective Aug. 15, 2009
Prohibits retail sale and distribution of “toylike” novelty lighters. (Adds R.S. 40:1601)
HB 199 St. Germain, Act 89. Effective Jan. 1, 2010
Prohibits retail sale and distribution of “toylike” novelty lighters. (Adds R.S. 40:1601)
HB 199 St. Germain, Act 89. Effective Jan. 1, 2010
Enacts measures to ensure confidentiality of identity of crime victims who are minors or victims of a sex offense. (Amends R.S. 46:1844(W)(1)(a) and (3))
HB 202 Richardson, Act 364. Effective Aug. 15, 2009
Amends provisions authorizing courts to sentence a defendant to home incarceration. (Amends C.Cr.P. Art. 894.2(A) and (G))
HB 225 Lopinto, Act 159. Effective Aug. 15, 2009
Applies flight from an officer and aggravated flight from an officer statute to operator of a watercraft. Includes careless or reckless operation of a watercraft in scope of endangering circumstances for purposes of statute. (Amends R.S. 14:108.1(A), (C), and (D)(2) and (4))
Applies flight from an officer and aggravated flight from an officer statute to operator of a watercraft. Includes careless or reckless operation of a watercraft in scope of endangering circumstances for purposes of statute. (Amends R.S. 14:108.1(A), (C), and (D)(2) and (4))
HB 235 Champagne, Act 6. Effective Aug. 15, 2009
Amends provisions of law regarding drug court. (Amends R.S. 13:5304(B)(3)(f), R.S. 15:574.4.1(B) and C.Cr.P. Art. 900(A)(6)(a) and (b); adds R.S. 15:574.4.1(A)(6) and (J) and C.Cr.P. Art. 900(A)(6)(c))
Amends provisions of law regarding drug court. (Amends R.S. 13:5304(B)(3)(f), R.S. 15:574.4.1(B) and C.Cr.P. Art. 900(A)(6)(a) and (b); adds R.S. 15:574.4.1(A)(6) and (J) and C.Cr.P. Art. 900(A)(6)(c))
HB 244 Roy, Act 182. Effective Aug. 15, 2009
Amends penalties for crime of domestic abuse battery. (Amends R.S. 14:35.3(K))
Amends penalties for crime of domestic abuse battery. (Amends R.S. 14:35.3(K))
HB 266 Hazel, Act 90. Effective Aug. 15, 2009
Increases penalties for battery and for assault of a school teacher. (Amends R.S. 14:34.3 and 38.2(B); adds R.S. 14:38.2(A)(2)(c) and (d))
Increases penalties for battery and for assault of a school teacher. (Amends R.S. 14:34.3 and 38.2(B); adds R.S. 14:38.2(A)(2)(c) and (d))
HB 274 Templet, Act 283. Effective Aug. 15, 2009
Amends criminal penalty for racketeering. (Amends R.S. 15:1354(A))
Amends criminal penalty for racketeering. (Amends R.S. 15:1354(A))
HB 297 White, Act 91. Effective Aug. 15, 2009
Amends elements of crime of computer-aided solicitation of a minor. (Amends R.S. 14:81.3(A))
Amends elements of crime of computer-aided solicitation of a minor. (Amends R.S. 14:81.3(A))
HB 310 Hazel, Act 58. Effective Aug. 15, 2009
Adds additional predicate offense to crime prohibiting certain felons from possessing firearms. (Amends R.S. 14:95.1(A))
Adds additional predicate offense to crime prohibiting certain felons from possessing firearms. (Amends R.S. 14:95.1(A))
HB 312 Abramson, Act 160. Effective Aug. 15, 2009
Provides method of collecting DNA samples for inclusion in the state DNA database. (Amends R.S. 15:609(B)(1) and (C) and 610)
Provides method of collecting DNA samples for inclusion in the state DNA database. (Amends R.S. 15:609(B)(1) and (C) and 610)
HB 346 Pope, Act 9. Effective Aug. 15, 2009
Approves certain labs to conduct chemical analyses related to DWI. (Amends R.S. 32:663(A) and (C))
Approves certain labs to conduct chemical analyses related to DWI. (Amends R.S. 32:663(A) and (C))
HB 349 Hazel, Act 183. Effective Aug. 15, 2009
Provides relative to sex offenders and child predators. (Amends R.S. 15:560.1, 560.2(B) and (1), (E), and (F), 560.3, 560.4(A), 560.5, 560.6(A), 561.2, and 561.4(A)(1) and (B)(1) and (3); adds R.S. 15:560.2(H) and (I) and 560.4(E); repeals R.S. 15:542.1.6 and 543.1(14))
Provides relative to sex offenders and child predators. (Amends R.S. 15:560.1, 560.2(B) and (1), (E), and (F), 560.3, 560.4(A), 560.5, 560.6(A), 561.2, and 561.4(A)(1) and (B)(1) and (3); adds R.S. 15:560.2(H) and (I) and 560.4(E); repeals R.S. 15:542.1.6 and 543.1(14))
HB 366 Wooton, Act 205. Effective Aug. 15, 2009
Provides procedures when probation and parole fees are not timely paid. (Adds C.Cr.P. Art. 895.5)
Provides procedures when probation and parole fees are not timely paid. (Adds C.Cr.P. Art. 895.5)
HB 391 Gallot, Act 164. Effective Aug. 15, 2009
Provides for administrative law hearings in DWI matters. (Amends R.S. 32:668(A); adds R.S. 32:668.1)
HB 444 Perry, Act 287. Effective Aug. 15, 2009
Provides for administrative law hearings in DWI matters. (Amends R.S. 32:668(A); adds R.S. 32:668.1)
HB 444 Perry, Act 287. Effective Aug. 15, 2009
Provides for penalties for refusing to submit to DWI tests. (Amends 32:667(B)(2); repeals R.S. 32:667(B)(1)(a) and (4))
HB 445 Baldone, Act 288. Effective Sept. 1, 2009
Amends reentry program provisions for prisoners in custody of DPSC. (Amends R.S. 15:827.1(B)(5), (C)(1) and (2)(a), and (E); adds R.S. 15:827.1(F))
HB 462 Burrell, Act 185. Effective Aug. 15, 2009
Provides relative to the protection of children. (Amends R.S. 14:81.4(A), (B)(2), and (4), and (E)(1), 91.1(A)(2), 91.2(B), (C) and (D) and R.S. 15:538(A), (D)(1)(b) and (c), and (6)(b) and (c); adds R.S. 14:91.2(E), 91.3 and 91.4)
Provides relative to the protection of children. (Amends R.S. 14:81.4(A), (B)(2), and (4), and (E)(1), 91.1(A)(2), 91.2(B), (C) and (D) and R.S. 15:538(A), (D)(1)(b) and (c), and (6)(b) and (c); adds R.S. 14:91.2(E), 91.3 and 91.4)
HB 476 Connick, Act 210. Effective Sept. 1, 2009
Requires all passengers in a vehicle to wear a seat belt. (Amends R.S. 32:295.1(B))
Requires all passengers in a vehicle to wear a seat belt. (Amends R.S. 32:295.1(B))
HB 499 Monica, Act 166. Effective Aug. 15, 2009
Authorizes the judges of any judicial district court, by rule adopted by a majority vote of the judges sitting en banc, to adopt specialized divisions or sections of the court with specified subject matter jurisdiction, such as criminal, civil, drug and DUI offenses, mental health, juvenile, violent crimes or homicides. (Adds R.S. 13:587.4 and 1344)
Authorizes the judges of any judicial district court, by rule adopted by a majority vote of the judges sitting en banc, to adopt specialized divisions or sections of the court with specified subject matter jurisdiction, such as criminal, civil, drug and DUI offenses, mental health, juvenile, violent crimes or homicides. (Adds R.S. 13:587.4 and 1344)
HB 574 Richmond, Act 215. Effective June 30, 2009
Creates the crime of unlawful disruption of the operation of a school. (Adds R.S. 14:40.6)
Creates the crime of unlawful disruption of the operation of a school. (Adds R.S. 14:40.6)
HB 688 Montoucet, Act 302. Effective Aug. 15, 2009
Provides for intensive incarceration program for certain offenders. (Adds C.Cr.P. Arts. 881.1(A)(4), 893(E)(4), and 895(B)(3) and R.S. 15:574.4.1(J))
Provides for intensive incarceration program for certain offenders. (Adds C.Cr.P. Arts. 881.1(A)(4), 893(E)(4), and 895(B)(3) and R.S. 15:574.4.1(J))
HB 707 Jones, R., Act 168. Effective Aug. 15, 2009
After Dec. 31, 2010, a justice of the peace has no authority to issue arrest warrants unless he has completed the Attorney General’s Arrest Warrants Course for Justices of the Peace. (Adds C.Cr.P. Art. 202(E) and R.S. 49:251.4)
After Dec. 31, 2010, a justice of the peace has no authority to issue arrest warrants unless he has completed the Attorney General’s Arrest Warrants Course for Justices of the Peace. (Adds C.Cr.P. Art. 202(E) and R.S. 49:251.4)
HB 712 Smith, Gary, Act 222. Effective Aug. 15, 2009
Provides relative to habitual absence and tardiness of students, including penalties for parents and legal guardians/custodians of such students. (Amends R.S. 14:92.2(A)(2)(c) and R.S. 17:221(A)(1) and (2) and Ch.C. Art. 728(4); adds R.S. 14:92.2(B)(4) and R.S. 17:233(B)(1)(d)(iii) and (iv))
Provides relative to habitual absence and tardiness of students, including penalties for parents and legal guardians/custodians of such students. (Amends R.S. 14:92.2(A)(2)(c) and R.S. 17:221(A)(1) and (2) and Ch.C. Art. 728(4); adds R.S. 14:92.2(B)(4) and R.S. 17:233(B)(1)(d)(iii) and (iv))
HB 731 Downs, Act 305. Effective Aug. 15, 2009
Creates crime of unauthorized participation in medical assistance programs. (Adds R.S. 14:126.3.1)
Creates crime of unauthorized participation in medical assistance programs. (Adds R.S. 14:126.3.1)
HB 757 Dixon, Act 337. Effective July 1, 2009
Provides that the left lane is for passing only. (Amends R.S. 32:71(B)(1); adds R.S. 32:71(C), (D), and (E))
Provides that the left lane is for passing only. (Amends R.S. 32:71(B)(1); adds R.S. 32:71(C), (D), and (E))
HB 855 Henderson, Act 190. Effective Aug. 15, 2009
Provides penalty for causing unnecessary or unjustified physical pain, suffering or death of an animal. (Amends R.S. 14:102.1)
SB 31 Adley, Act 106. Effective Aug. 15, 2009
Provides penalty for causing unnecessary or unjustified physical pain, suffering or death of an animal. (Amends R.S. 14:102.1)
SB 31 Adley, Act 106. Effective Aug. 15, 2009
Amends definition of first degree murder. (Adds R.S. 14:30(A)(10) and C.Cr.P. 905.4(A)(13))
SB 132 Dorsey, Act 79. Effective June 18, 2009
Allows use of electronic applications for warrants and electronic signatures. (Adds R.S. 9:2603.1)
SB 143 Amedee, Act 401. Effective Aug. 15, 2009
Creates crime of operating a vehicle while under suspension for certain prior offenses. (Adds R.S. 14:98.3)
Creates crime of operating a vehicle while under suspension for certain prior offenses. (Adds R.S. 14:98.3)
SB 166 Dupre, Act 236. Effective July 1, 2009
Amends definition of crime of domestic abuse battery. (Amends R.S. 14:35.3(A) and (B)(2))
Amends definition of crime of domestic abuse battery. (Amends R.S. 14:35.3(A) and (B)(2))
SB 254 Murray, Act 245. Effective July 1, 2009
Enhanced penalties for parent or legal guardian convicted of contributing to the delinquency of a juvenile by enticing, aiding, soliciting or permitting the juvenile to become involved in the commission of a crime. (Adds R.S. 14:92(E)(3) and (4))
Enhanced penalties for parent or legal guardian convicted of contributing to the delinquency of a juvenile by enticing, aiding, soliciting or permitting the juvenile to become involved in the commission of a crime. (Adds R.S. 14:92(E)(3) and (4))
Allows certain experts to testify by simultaneous audiovisual transmission during a criminal proceeding, a juvenile or family court proceeding of a criminal nature or a civil forfeiture proceeding arising from alleged criminal activity. (Adds R.S. 15:502)
HB 119 Burns, Henry, Act 272. Effective Aug. 15, 2009
Law Institute. Provides for the relationship of parent and child established by maternity, paternity or adoption. (Adds C.C. Arts. 178, 179, 199, and 200; adds revision comments to C.C. Art. 186; adds retroactive application to C.C. Arts. 199 and 200)
Law Institute. Provides for the relationship of parent and child established by maternity, paternity or adoption. (Adds C.C. Arts. 178, 179, 199, and 200; adds revision comments to C.C. Art. 186; adds retroactive application to C.C. Arts. 199 and 200)
HB 140 Chaney, Act 3. Effective June 9, 2009
Accounts payable upon death can be established to allow the depositor to specify one or more named beneficiaries to whom funds may be disbursed upon presentation of a death certificate. Beneficiaries do not have to be spouse, children, grandchildren, parents or siblings. (Amends R.S. 6:314(A), 653.1(A), and 766.1(A); Adds R.S. 6:1255(D); repeals R.S. 6:314(C), 653.1(C), and 766.1(C))
Accounts payable upon death can be established to allow the depositor to specify one or more named beneficiaries to whom funds may be disbursed upon presentation of a death certificate. Beneficiaries do not have to be spouse, children, grandchildren, parents or siblings. (Amends R.S. 6:314(A), 653.1(A), and 766.1(A); Adds R.S. 6:1255(D); repeals R.S. 6:314(C), 653.1(C), and 766.1(C))
HB 145 Arnold, Act 499. Effective Aug. 15, 2009
Fingerprint card of juvenile offender reaching age 17 will no longer be destroyed with the juvenile records. (Amends Ch.C. Art. 818(C))
Fingerprint card of juvenile offender reaching age 17 will no longer be destroyed with the juvenile records. (Amends Ch.C. Art. 818(C))
HB 221 Thibaut, Act 158. Effective Aug. 15, 2009
Law Institute. Amends various provisions relative to the community property regime. (Amends C.C. Arts. 2358, 2362.1-2364, and 2365-2367.2 and R.S. 9:374; adds C.C. Art. 2367.3; repeals C.C. Art. 2364.1)
Law Institute. Amends various provisions relative to the community property regime. (Amends C.C. Arts. 2358, 2362.1-2364, and 2365-2367.2 and R.S. 9:374; adds C.C. Art. 2367.3; repeals C.C. Art. 2364.1)
HB 363 Aubert, Act 204. Effective Aug. 15, 2009
District attorneys must consent to the court’s use of teen or youth court programs for informal adjustment agreements in delinquency matters. Maximum total informal adjustment period increased from one year to two years. (Amends Ch.C. Arts. 839(C) and 840(C))
HB 565 Ernst, Act 213. Effective Aug. 15, 2009
District attorneys must consent to the court’s use of teen or youth court programs for informal adjustment agreements in delinquency matters. Maximum total informal adjustment period increased from one year to two years. (Amends Ch.C. Arts. 839(C) and 840(C))
HB 565 Ernst, Act 213. Effective Aug. 15, 2009
Addresses redirected income, deferred income, evidence of income and required documentation in determining income for support purposes. Law Institute is directed to prepare comments. (Amends R.S. 9:315.2(A); adds R.S. 9:315.1.1 and 326)
HB 600 Johnson, Act 378. Effective Aug. 15, 2009
Provides delays for setting rule dates and expiration of temporary custody and visitation orders in certain child custody matters; provides for grandparent and sibling visitation. (Amends C.C.P. Art. 3945(C)(1) and (2) and (D) and C.C. Art. 136(C); adds C.C. Art. 136(D))
HB 628 Landry, Act 379. Effective Aug. 15, 2009
Extends delays for setting a hearing on a temporary restraining order in domestic violence cases. (Amends R.S. 46:2135(B) and (E) and Ch.C. Art. 1569(B) and (E))
Extends delays for setting a hearing on a temporary restraining order in domestic violence cases. (Amends R.S. 46:2135(B) and (E) and Ch.C. Art. 1569(B) and (E))
HB 629 Landry, Act 427. Effective Aug. 15, 2009
Provides relative to habitual absence and tardiness of students, including penalties for parents and legal guardians/custodians of such students. (Amends R.S. 14:92.2(A)(2)(c) and R.S. 17:221(A)(1) and (2) and Ch.C. Art. 728(4); adds R.S. 14:92.2(B)(4) and R.S. 17:233(B)(1)(d)(iii) and (iv))
Provides relative to habitual absence and tardiness of students, including penalties for parents and legal guardians/custodians of such students. (Amends R.S. 14:92.2(A)(2)(c) and R.S. 17:221(A)(1) and (2) and Ch.C. Art. 728(4); adds R.S. 14:92.2(B)(4) and R.S. 17:233(B)(1)(d)(iii) and (iv))
HB 731 Downs, Act 305. Effective Aug. 15, 2009
Certain federal judges can perform marriage ceremonies October 1-31, 2009. (Adds R.S. 9:203(E)(7))
Certain federal judges can perform marriage ceremonies October 1-31, 2009. (Adds R.S. 9:203(E)(7))
SB 27 Martiny, Act 15. Effective Aug. 15, 2009
Allows the Department of Health and Hospitals, upon court order, to use restraints on certain children during transport. (Adds Ch. C. Art. 837(I))
Allows the Department of Health and Hospitals, upon court order, to use restraints on certain children during transport. (Adds Ch. C. Art. 837(I))
SB 61 Heitmeier, Act 230. Effective July 1, 2009
Support enforcement cases in East Baton Rouge Parish can be transferred to either the family or juvenile court. (Amends R.S. 46:236.2(A)(2))
Support enforcement cases in East Baton Rouge Parish can be transferred to either the family or juvenile court. (Amends R.S. 46:236.2(A)(2))
