LAJ summary of selected bills and effective dates
2023 Regular Session of the Louisiana Legislature
LAJ staff compiled this summary of selected bills enacted during the 2023 Regular Session of the Louisiana Legislature. Resources used include legislative instruments found on the website of the Louisiana Legislature, digests, and summaries prepared by House Legislative Services and Senate legislative staff.
Many bills were filed that could negatively impact the civil justice system, and we are happy to report that only one reached the governor’s desk. SB 196, which dealt with litigation financing, passed and was vetoed by Governor Edwards on June 15. An attempt to override the governor’s veto failed on July 18.
For access to all legislative instruments, go to www.legis.la.gov. Texts of acts and legislative history, including archived Internet broadcasts of committee and floor action, are also available on that website. Art. 3, Sect. 19 of the Louisiana Constitution specifies that the effective date of an act of the regular session shall be August 1 of the calendar year in which the session was held, unless the instrument itself specifies a different effective date. You should see the act for any specific language concerning proposed prospective or retroactive application. If no such language exists, courts will perform retroactivity analysis under Civil Code Art. 6 and R.S. 1:2.
Please forward corrections, comments, questions, or other concerns to Tom Wright at LAJ by phone at 225-242-4837 or by email at twright@lafj.org.
Quick links:
Practice and procedure
Property insurance
Motor vehicle insurance
Immunity
Family
Criminal justice — penalties
Criminal justice — crime victims
Criminal justice — procedure
Criminal justice — records
Criminal justice — fentanyl
Criminal justice — kratom
Criminal justice — new crimes
Social media
Miscellaneous
Constitutional amendments — October 14, 2023
Constitutional amendments — November 18, 2023
Summary judgment. Law Institute. Amends substance and procedure relative to motions for summary judgment. (Amends C.C.P. art. 966(A)(4), (B)(1), (2), and (3), (D)(2), and (G); adds C.C.P. art. 966(B)(5) and (D)(3)) HB 196 Brown. Act 317. Effective August 1, 2023
C.C.P. art. 966(A)(4)(a) adds to the exclusive list of documents that may be filed and offered in support of or in opposition to a motion for summary judgment to include certified copies of public documents or public records, certified copies of insurance policies, authentic acts, private acts duly acknowledged, promissory notes, and assignments of such documents.
C.C.P. art. 966(A)(4)(b) provides that any document previously filed into the record in support of or in opposition to the motion for summary judgment may be referenced in the motion or opposition if the party referencing the document furnishes to the court and the opposing party a copy of the document with the pertinent part designated and with the filing information.
C.C.P. art. 966(B)(1), (2) and (3) requires that motions for summary judgment, oppositions, and reply memoranda be filed and served electronically in accordance with Article 1313(A)(4).
C.C.P. art. 966(B)(5) provides that the granting of a motion for partial summary judgment shall not be reconsidered or revised if the party seeking the reconsideration or revision fails to meet the applicable deadlines.
C.C.P. art. 966(D)(2) adds that the court shall also consider documents that are referenced in support of or in opposition to the motion for summary judgment, with the exception of any document that is excluded pursuant to a timely filed objection.
C.C.P. art. 966(D)(3) provides that objections made in accordance with Article 1425(F) to determine whether an expert is qualified or whether the expert’s methodologies are reliable shall be filed, heard, and decided prior to the hearing on the motion for summary judgment.
C.C.P. Art. 966(G) adds that this provision does not apply if the court’s judgment is reversed. Further specifies that if the judgment is reversed by an appellate court, the reversal is applicable to all parties.
Summary judgment. Mandate or procuration. Allows evidence to establish the fault of a principal when the party or nonparty acted pursuant to a mandate or a procuration. Does not apply if the judgment of an appellate court is reversed. (Amends C.C.P. Art. 966(G)) HB 339 Miller. Act 368. Effective August 1, 2023
CCP. Law Institute. Continuous revision of the Code of Civil Procedure. Retains existing law but repeals outdated provisions relative to abandonment of actions as a result of Hurricanes Katrina and Rita. Existing law (C.C.P. Art. 925) provides for objections raised by declinatory exception. Act retains existing law but removes the court’s lack of jurisdiction over the subject matter of the action as a declinatory exception. Adds to existing law that an objection to the court’s lack of jurisdiction over the subject matter of the action is a peremptory exception. Further provides for the procedure when the objection is raised by the parties or noticed by the trial or appellate court. Adds to existing law that an unopposed motion is one to which all affected parties have consented and sets forth the procedure for certifying the unopposed motion. Changes existing law by providing that the mover may file a supplemental petition or answer by written consent of the parties. Provides that if the parties do not consent, the court may grant leave to file a supplemental petition or answer upon contradictory motion. Retains existing law and adds that the party claiming the protection or privilege shall prepare and send to the other parties a privilege log. Retains existing law and adds that actual delivery of notice shall constitute sufficient notice. Further, adds that no default judgment shall be rendered against the defendant unless proof of the required notice is made under R.S. 13:3205. Changes existing law by providing that a final judgment may be signed in any place where the judge is physically located and sent to the clerk of the court in which the case is pending. Retains existing law but adds that the notice shall not be sent from the court. Repeals C.C.P. Art. 5183(A)(3)) that required an application to proceed in forma pauperis to include a recommendation from the clerk of court’s office as to whether it felt that the applicant was indigent. (Amends C.C.P. arts. 531, 561(A), 925(A) and (C), 927(A) and (B), 963, 1155, 1424(C), 1702(A)(2) and (3), 1810, 1912, and 3603(A)and (2) and R.S. 40:1231.8(B)(2)(a) and 1237.2(B)(2)(a); adds C.C.P. arts. 927(A)(8) and 1702(A)(5); repeals C.C.P. arts. 925(A)(6) and 5183(A)(3)) HB 230 Miller. Act 5. Effective August 1, 2023
Movable. Law Institute. Allows the transfer of ownership of movable property from a transferee who is not the owner of the property in certain limited circumstances. (Amends C.C. art. 525; adds C.C. art. 520) HB 176 Jefferson. Act 401. Effective August 1, 2023
Immovable. Law Institute. Actions to determine ownership or possession to immovable property. (Amends C.C. arts. 531 and 3440 and C.C.P. arts. 1061, 3651, 3653-3655, 3656(A), 3657-3662, and 3669) HB 220 Pressly. Act 421. Effective August 1, 2023
Mineral Lease. Law Institute. Provides relative to rights in minerals and production and related accounts. (Amends R.S. 31:11 and 39, 75, 79, 114, 138.1(A) and (B), 156, 164, 166, 175, 192, 204, and 206(A); repeals R.S. 9:5805) HB 455 Coussan. Act 88. Effective August 1, 2023
Online judicial sale. Provides for judicial sales; procedures and requirements for online auctions, notice of seizure and sale, online auction companies, submission of payment and re-advertisement, actions to set aside or annul online judicial sales, and the price of adjudication. Law Institute recommendation removed. (Amends C.C.P. arts. 2293(B)(1), 2334, 2721, and 2724(A) and R.S. 13:3852, 4341, 4360, and 5530(A)(7)(a); adds C.C.P. art. 2344 and R.S. 13:4358 and 4369) SB 140. Act 390. Effective August 1, 2023
Electronic signatures by judges. Deletes the requirement that local courts provide by rule for the method of electronic signatures to be used and to ensure the authenticity of such signatures. (Amends C.C.P. art. 253(C) and 1911(A)) HB 305 Brown. Act 272. Effective August 1, 2023
Successions. Allows nonresident succession representative to execute a procuration or mandate to appoint a state resident to represent the nonresident succession representative in all acts of his administration. Allows a succession representative to appoint an agent to alienate, acquire, lease, or encumber specific property on specific terms. Provides for filing of the procuration or mandate rather in the record of the succession proceeding which shall not need court approval. (Amends C.C.P. art. 3191(B)) SB 55 Luneau. Act 38. Effective July 1, 2023
Public adjuster. Prohibits an insurance company from including policy provisions to restrict a consumer’s right to hire a public adjuster for property insurance claims. Exempts commercial insurance policies written by surplus lines insurers. (Adds R.S. 22:1274) SB 156 Duplessis. Act 328. Effective August 1, 2023
Assignment of benefits. Prohibits agreements between an insurance consumer and a third party that would transfer benefits for a property insurance loss to the third party as payment for services. Provides that assignment agreements are against public policy and are null and void. Does not prohibit an attorney from collecting a contingency fee for an action related to a property insurance claim. (Adds R.S. 22:1274; repeals R.S. 37:2159.1(7)) HB 183 Firment. Act 364. Effective August 1, 2023
LIGA and Citizens. Exempts the Louisiana Insurance Guaranty Association and the Louisiana Citizens Property Insurance Corporation from class action lawsuits and penalty fees. Adds Citizens to the LIGA exemption from liability for special damages awarded for a property damage insurance claim under 22:1973(F). Adds that Citizens is not exempt from liability for any statutory obligations related to insurance coverage or a supervisory or regulatory action, examination, or audit made by the commissioner. (Amends R.S. 22:1973(F) and 2296; adds R.S. 22:1892(H)) SB 96 Talbot. Act 290. Effective August 1, 2023
Requires an insurer to offer an endorsement to upgrade a nonfortified roof to comply with fortified standards when the roof is already damaged and undergoing replacement. (Adds R.S. 22:1483.2) HB 110 Firment. Act 12. Effective August 1, 2023
Requires insurance companies to provide discounts for individuals who build or retrofit their homes or businesses using certain fortified home or commercial standards. (Amends R.S. 22:1483(A), (B), and (C)(1)) HB 294 Willard. Act 1. Effective August 1, 2023
Allows a building-code-enforcement officer or a certified third-party provider to accept photographs or videos that are location verified with geotagging for required roofing and reroofing inspections of any commercial or residential structure. (Amends R.S. 40:1730.23(J)) HB 393 Gadberry Act 25. Effective August 1, 2023
Removes a restriction limiting discounts for fortified construction to single-family homes, thereby expanding access to the discount to all insurable residential and commercial property. (Amends R.S. 22:1483(C)(9)) SB 113 Hewitt. Act 45. Effective June 1, 2023
Revises the property insurance rate approval process by clarifying the time the commissioner has to respond and banning disapprovals based on time since the last rate adjustment. Allows for multiple rate increases in 12 months. (Amends R.S. 22:1451(C); adds R.S. 22:1451(G)) HB 489 Huval. Act 443. Effective August 1, 2023
Extends the 25 percent premium discount on automobile insurance policies for active duty military personnel to Louisiana Air National Guard and the Army National Guard servicemen. (Amends R.S. 22:1482(A), (B), and (C) and (1)) HB 369 LaFleur. Act 406. Effective August 1, 2023
Waives the reinstatement fee for a first lapse in required motor vehicle liability insurance as long as the lapse was five days or less and the insured was given immediate notice of the cancellation. (Amends R.S. 32:863(A)(3)(a)) HB 568 Phelps. Act 377. Effective June 14, 2023
Creates the Task Force on Available and Affordable Commercial Motor Vehicle Insurance. Requires the task force to submit its report by March 1, 2024. SCR 19 Talbot.
Teachers. Immunity for school teachers, principals, and administrators intervening to protect a student or school employee from battery or aggravated battery committed by one or more students unless the act of intervention was malicious and willfully and deliberately intended to cause bodily harm. (Amends R.S. 17:416.11) HB 86 Hodges. Act 56. Effective August 1, 2023
Adds St. Patrick’s Day to the Mardi Gras immunity statute. Repeals a separate immunity statute for St. Patrick’s Day parades or other street parades connected with any ethnic celebration. (Adds R.S. 9:2796(C); repeals R.S. 9:2796.1) HB 379 McKnight. Act 407. Effective August 1, 2023
Divorce. The notice requirements in C.C.P. 1702 are not required when the plaintiff intends to obtain a default judgment for divorce under C.C. art. 103(1) or 103(5). (Adds C.C.P. art. 1702(F)(3)) HB 7 Muscarello. Act 7. Effective August 1, 2023
UTMA. Provides for termination of custodial property under the Uniform Transfers to Minors Act upon the minor’s attainment of the age of 22, instead of 18. (Amends R.S. 9:751(1) and (10) and 770(1)) HB 142 Beaullieu. Act 60. Effective August 1, 2023
Prohibits gender-affirming health care for all transgender youth. (Adds R.S. 40:1098.1-1098.6) HB 648 Firment. Act 466. Veto overridden July 18, 2023. Effective January 1, 2024
Eliminates the minimum child support award in the child support guidelines. (Amends R.S. 9:315.1(C) and 315.2(D); repeals R.S. 9:315.14) HB 337 Carpenter. Act 24. Effective January 1, 2024
Allows grandparents post-adoption visitation rights regardless of the marital status of the parents of the adopted child. (Amends Ch.C. art. 1264) HB 194 Thompson. Act 16. Effective August 1, 2023
Allows the biological mother of a child to recover 50 percent of out-of-pocket pregnancy-related medical expenses from the biological father. Two-year peremptive period from the day of the birth. (Adds R.S. 9:399.2) HB 5 Frieman. Act 439. Effective August 1, 2023
Clarifies the right to terminate all parental rights of the perpetrator where the child was conceived as a result of a sex offense. (Amends Ch.C. arts. 1004(A), 1004.1, 1015, 1015.1, 1016(A), 1037(B), and 1039(B), and C.C. art. 137(A); adds Ch.C. arts. 1004.2 and 1015.2; repeals Ch.C. art. 1004(I)) HB 298 Hughes. Act 271. Effective June 9, 2023
Establishes a one-time, refundable $5,000 individual income tax credit for a taxpayer who adopts a child under the age of 3. (Adds R.S. 47:297.23) HB 443 Edmonds. Act 452. Effective June 29, 2023
Designates the crime of burglary of an inhabited dwelling as a crime of violence. (Adds R.S. 14:2(B)(60)) HB 65 Villio. Act 419. Effective August 1, 2023
Adds an additional penalty for the crime of simple burglary when committed as a part of a continuous sequence of events. (Amends R.S. 14:62(B)(1); adds R.S. 14:62(B)(3)) HB 16 Schlegel. Act 417. Effective August 1, 2023
Increases the minimum and maximum sentences for assault by drive-by shooting. (Amends R.S. 14:37.1(B) and (C)) SB 117 Harris. Act 243. Effective August 1, 2023
Requires secure placement for juveniles adjudicated delinquent for carjacking. (Amends Ch.C. art. 897.1(C) and (D)) HB 84 Schlegel. Act 420. Effective August 1, 2023
Changes the diminution of sentence and parole eligibility for fourth or subsequent nonviolent felony offenses. (Amends R.S. 15:571.3(B)(1)(a) and (D) and 574.4(A)(1)(a); adds R.S. 15:571.3(B)(3) and 574.4(A)(1)(c)) HB 70 Villio. Act 463. Effective August 1, 2023
Sets the base-blood-alcohol concentration for suspension of a driver’s license and eligibility for a hardship license for certain offenses of operating a vehicle while intoxicated. (Amends R.S. 14:98.1(A)(2) and (3)(b) and 98.2(A)(2) and (3)(b) and R.S. 32:378.2(B)(1)(a)(ii), 414(A)(1)(c), and 667(B)(1)(b) and (c) and (3) and (H)(1); adds R.S. 32:414(A)(1)(d)) HB 484 Edmonds. Act 409. Effective August 1, 2023
Criminal justice — crime victims
Enacts the Victims of Vehicular Homicide Act to establish a fund for vehicular homicide victims’ families to apply for reparations up to $60,000 when the offender failed to maintain compulsory motor vehicle liability security and the victim failed to maintain uninsured motorist coverage. Authorizes the attorney general to institute a civil action against the convicted person for the recovery of reparations payment. Fund sunsets on August 1, 2027. (Amends R.S. 44:4.1(B)(31) and R.S. 46:1807(A); adds R.S. 46:1807(B)(8) and 1823-1838) HB 439 Bryant. Act 451. Effective August 1, 2023
Requires State Police to create and operate a statewide tracking system for sexual assault collection kits. (Amends R.S. 15:623(A), R.S. 40:1216.1(A)(2)(c) and (7)-(9), and R.S. 46:1802(7), 1807(B)(7), and 1822(C); adds R.S. 15:624.1 and 46:1802(14); repeals R.S. 40:1216.1(A)(10)) SB 169 Mizell. Act 193. Effective August 1, 2023
Murder ballads. Enacts the Restoring Artistic Protection Act of 2023 to limit the admissibility of a defendant’s creative or artistic expression as evidence. (Amends C.E. art. 404(B)(1)) HB 475 Magee. Act 354. Effective August 1, 2023
Juries. Requires juries be given specific instructions and be sequestered during active deliberations. (Amends C.Cr.P. art. 791(C)) HB 271 Nelson. Act 75. Effective August 1, 2023
Allows for the release and dissemination of an arrestee’s booking photograph as necessary for investigative purposes or to an individual’s surety agent when the individual is released on bail. (Adds C.Cr.P. art. 234(C)(1)(f) and (g)) HB 265 Fontenot. Act 303. Effective August 1, 2023
Creates a process and form to expunge an arrest record of a misdemeanor, first-offense possession of marijuana. Fee sunsets August 1, 2026. (Amends C.Cr.P. art. 986(A) and (C); adds C.Cr.P. arts. 977(D), 983(M), and 998) HB 286 Boyd. Act 342. Effective August 1, 2023
Authorizes local courts to expunge records within their trial jurisdictions. (Adds C.Cr.P. art. 972.1) HB 479 Marino. Act 90. Effective August 1, 2023
Establishes a process for the automatic expungement of arrest, felony, and misdemeanor convictions. Subject to appropriations. (Amends C.Cr.P. art. 973(E); adds C.Cr.P. Art. 985.2) SB 111 Duplessis. Act 454. Effective: See act.
Punitive damages. Establishes a civil action for damages against foreign states or entities engaging in fentanyl trafficking causing injury or death in this state. Provides for punitive damages, expert witness fees and expenses, court costs, and reasonable attorney fees. Actions of a person ingesting fentanyl shall not be attributable as comparative fault. Action subject to liberative prescription of 30 years from the day of injury. Retroactive to January 1, 2015. (Adds R.S. 9:2800.77) HB 586 Stefanski. Act 412. HCR 126 Stefanski. Effective August 1, 2023
Increases penalties for distribution or possession with intent to distribute fentanyl or carfentanil based on aggregate weight and number of convictions. (Amends R.S. 14:2(B)(58) and R.S. 40:967(B)(4) and (E)(1)) HB 90 Stefanski. Act 399. Effective August 1, 2023
Increases penalties for the crime of creation or operation of a clandestine laboratory for the unlawful manufacture of certain controlled dangerous substances. (Amends R.S. 40:983(C) and (D)) SB 49 Hewitt. Act 148. Effective August 1, 2023
Creates the crime of sale or distribution of mitragynine speciosa to persons under the age of 21 and creates the Local Option for Mitragynine Speciosa, allowing local governments to enact more restrictive ordinances regulating kratom sales. (Adds R.S. 14:91.10 and R.S. 40:1300.51-1300.53; repeals Act 231 (2019 R.S.)) SB 94 Kleinpeter. Act 416. Effective August 1, 2023
Theft or criminal access of automated teller machines. (Adds R.S. 14:67.13) HB 94 Bacala. Act 218. Effective August 1, 2023
Unlawful production, manufacturing, distribution, or possession of xylazine. (Adds R.S. 40:989.4) HB 645 Miller. Act 183. Effective August 1, 2023
Prohibits the use of TikTok and related applications on computers and certain networks owned or leased by the state. Requires the Louisiana Supreme Court to develop and implement a policy for judicial branch agencies. (Adds R.S. 42:1471-1474) HB 361 Deshotel. Act 308. Effective June 13, 2023
Requires the consent of a minor’s legal representative to enter into an interactive computer service contract. (Adds R.S. 9:2717.1) HB 61 Schlegel. Act 440. Effective August 1, 2024
Enacts the Secure Online Child Interaction and Age Limitation Act that prohibits a social media company from allowing a minor to hold a social media account unless the minor has consent from a parent or guardian. (Adds R.S. 51:1751-1759) SB 162 McMath. Act 456. Effective July 1, 2024
Criminalizes unlawful deepfakes that depict a minor engaging in sexual conduct. (Adds R.S. 14:73.13) SB 175 Stine. Act 457. Effective August 1, 2023
Balance billing. Provides for reimbursement for out-of-network emergency ambulance services and prohibits the ambulance provider from billing the patient for any remaining balance. (Adds R.S. 22:1880.2) SB 109 Talbot. Act 453. Effective August 1, 2023
Adds wrecker service companies working hazardous material accidents to those entitled to reimbursement of remedial costs. Allows wrecker service to sue vehicle owner after a tow. (Amends R.S. 32:1519(A) and (C)(1); adds R.S. 32:1519(D)(5)(o)) HB 301 Romero. Act 142. Effective August 1, 2023
Requires oil and gas workers who are transported offshore via aircraft to wear life jackets equipped with personal locator beacons that are capable of transmitting distress and homing signals in case of emergency. (Amends R.S. 40:1486.2(D), (E), and (F); adds R.S. 40:1486.2(G)) HB 398 Romero. Act 168. Effective January 1, 2024
Establishes a state maritime academy within the University of Louisiana System to coordinate the state’s existing programs, provide training for merchant marine officers, and to equip the maritime industry’s workforce with additional education pathways. (Amends R.S. 17:3217) HB 258 Wright. Act 231. Effective August 1, 2023
Constitutional amendments — October 14, 2023
Restricts nonprofit organizations’ eligibility for property tax exemptions when residential property is found to endanger public health or safety. (Amends Const. Art. VII, §21(B)) HB 46 Hughes. Act 48.
Requires the legislature to appropriate no less than 25 percent of nonrecurring state revenues for application to certain state retirement system unfunded accrued liability. (Amends Const. Art. VII, §10(D)(2)(b)(ii) and (iii)) HB 47 Nelson. Act 107.
Prohibits funding elections with money from a foreign government or nongovernmental source. (Adds Const. Art. XI, §6) HB 311 Miguez. Act 200.
Specifies that the right of freedom of worship in churches or other places of worship is a fundamental right that is worthy of the highest order of protection. (Adds Const. Art. XII, Sec. 17) SB 63 Mizell. Act 30.
Constitutional amendments — November 18, 2023
Clarifies that the timing of gubernatorial action on a bill and return of a vetoed bill to the legislature is based upon the legislative session in which the bill passed and to authorize the legislature, if it is in session, to reconsider vetoed bills without convening a separate veto session. (Amends La. Const. Art. III, §18) HB 166 (2022 RS) Miller. Act 278.
Restricts the emergency use of the Revenue Stabilization Trust Fund to an annual maximum of $250 million if current or ensuing fiscal year revenue forecasts decline. (Amends Art. VII, §10.15(E)(1) and (F); Adds Art. VII, §10.15(G)) HB 244 Bishop. Act 198.
Authorizes the local governing authority of each parish to provide a limited ad valorem tax exemption for qualified first responders. (Adds Const. Art. VII, Sec. 21(O)) SB 127 Duplessis. Act 179.
Repeals provisions of the constitution that create certain special funds within the state treasury. (Repeals Const. Art. VII, §§4(D)(4)(b), 10.4, 10.10, and 10.12(B) and (C) and Const. Art. IX, §§9 and 10) HB 254 Thomas. Act 199.