SENATE committee amendments [LINK] broaden to other types of kratom

Classifies kratom as a Schedule I controlled substance and criminalizes its possession, cultivation, and distribution. Kratom contains compounds that act on the opioid receptors in the brain that can be addictive, cause seizures and liver damage.

Key Provisions: 

- Adds Mitragyna speciosa (kratom) to Schedule I of Louisiana’s controlled substances list. 

- Makes it illegal to possess, grow, produce, or distribute kratom or kratom products. 

- Possession of 14 grams or less is punishable by a $500 fine. 

- Possession of more than 14 grams, or any cultivation, production, or distribution, is punishable by a $2,000 fine, up to 5 years imprisonment, or both. 

- Repeals existing law that only restricted kratom sales to minors. 

- Effective August 1, 2025.

SENATE committee amendment [LINK] narrows the bill's scope to apply only to legislators and their spouses, rather than all public servants. They make it illegal for them to accept anything of value from a nongovernmental organization that receives state or legislatively directed funding. Definitions are updated to reflect this narrower focus.

Creates the crime of unlawful accepting of a thing of value by a public servant from organizations receiving funds from their agency.

Key Provisions: 

- Prohibits public servants or their immediate family from accepting anything of economic value from a nongovernmental organization that receives funds from the public servant’s agency. 

- Includes indirect receipt and aiding or abetting such conduct. 

- Exempts tickets, meals, or reimbursements under $1,000 per year. 

- Penalty: $5,000–$10,000 fine and/or 1 to 5 years imprisonment, with or without hard labor. 

- Effective August 1, 2025.

SENATE floor amendments technical

SENATE committee amendments [LINK] revise the bill to focus specifically on civil lawsuits for false imprisonment related to the miscalculation of an offender’s sentence, such as errors in release dates, good time credits, or parole eligibility. They replace the term “delictual” with “civil” throughout the bill and define an “offender” as someone convicted of a crime and serving a prison sentence. The amendments clarify that claims of false imprisonment due to sentence miscalculations must be filed in the Nineteenth Judicial District Court in East Baton Rouge Parish. Before filing a civil lawsuit, offenders must first complete the Department of Corrections’ administrative remedy process as outlined in R.S. 15:1171. If an offender fails to follow this process, any civil action filed will be dismissed with prejudice. The amendments also specify that these provisions apply only to future cases and do not affect current or past claims.

Proposes to limit the liability of public entities, such as the Department of Public Safety and Corrections, in cases involving false imprisonment claims by convicted offenders.

Key provisions include:

• Definition of False Imprisonment: Includes claims challenging the legality of an offender's confinement, such as allegations of being held beyond the legally required release date.
• Procedural Requirements: Offenders must first exhaust administrative remedies and receive a favorable final judgment (bona fide termination) before pursuing delictual actions for false imprisonment.
• Limitations on Causes of Action: The bill restricts lawsuits against the state or its employees resulting from:
• Failures by judicial or municipal officers to meet legal obligations.
• Miscalculations of an offender's sentence unless due to willful or wanton misconduct.
• Errors in records from officials or maintained databases.

The bill will become effective on August 1, 2025.

CONSTITUTIONAL AMENDMENT to modify the state’s civil service system under Article X, Sections 2(B) and 3(B) and (C) of the Louisiana Constitution.

1.    Allows for Civil Service Expansion:

• The amendment retains the existing list of positions in the unclassified service (e.g., elected officials, department heads, city attorneys) but adds flexibility by allowing the legislature to remove positions from the classified service via law, in addition to commission rules.

1. State Civil Service Commission Changes:

• Term Reduction: Reduces commission members’ terms from six years to four years, with staggered overlapping terms.
• Term Limits: Limits members to two full terms (previously two and a half terms in three consecutive terms), removing exceptions for pre-amendment appointees.
• Membership Adjustments: Reduces governor-appointed members from six to three, selected from nominations by six university presidents (Centenary, Dillard, Louisiana College, Loyola, Tulane, Xavier), with each nominating up to three candidates. A seventh member remains elected by classified state employees.
• Vacancy Process: Requires nominations within 30 days of a vacancy and governor appointment within 30 days thereafter, eliminating automatic appointment of the first nominee if the governor delays.

1. Implementation:

• For members in office on January 1, 2026, the governor will assign initial terms (1-4 years) to stagger terms. Members serving over eight years by that date are ineligible to continue, triggering new appointments.

1. Election:

• The amendment will be submitted to voters on November 15, 2025, with a ballot proposition asking if they support these changes, including term reductions, term limits, reduced appointees, and flexibility in classified service positions.

The amendment aims to streamline the civil service commission, enhance legislative control over classifications via statute, and modernize term structures, potentially increasing turnover and accountability while reducing entrenched tenure.

Removes the requirement that Louisiana Senate committees obtain a court order from the 19th Judicial District Court before issuing subpoenas during the interim between legislative sessions.

Key Provisions:

• Amends Senate Rule 13.15 to eliminate the need for a special judicial order to issue an interim subpoena.
• Interim subpoenas will still require approval from a majority of the standing committee and the Senate President.
• Retains existing authority to hold hearings, compel testimony, and punish for contempt or false statements.