HOUSE floor amendments technical in nature

HOUSE committee amendments [LINK] expand definitions of active-duty periods eligible for state disability benefits for Louisiana National Guardsmen, specifically covering state and federal service between September 11, 2001, and September 11, 2021. They also set a submission deadline of June 30, 2026, for claims related to injuries incurred during such service.

Focuses on extending benefits and protections to Louisiana State Guardsmen that are currently available to Louisiana National Guardsmen. The key provisions include:

• Providing death and disability benefits for Louisiana State Guardsmen called to active duty by the governor or the U.S. president, similar to those given to National Guardsmen.
• Prohibiting employment discrimination against Louisiana State Guardsmen, ensuring they receive the same job security and opportunities as their National Guard counterparts.
• Protecting student members of the Louisiana State Guard from academic disruptions due to military service, aligning with existing protections for other uniformed service members.

Amends Louisiana’s Habitual Offender Law (R.S. 15:529.1). The bill primarily modifies the calculation of time intervals between offenses to determine whether a defendant qualifies as a habitual offender.

Key changes include:

• Shifting the reference point for determining the time gap between offenses from the “expiration of correctional supervision” to the “completion of sentence, probation, parole, or suspension of sentence.”
• Maintaining the five-year threshold for most offenses but refining how the period is computed by excluding time spent incarcerated, on probation, or under parole supervision.
• Retaining a ten-year threshold for offenses classified as violent crimes or sex offenses but applying the same adjustments in computing the time interval.

These changes could impact sentencing outcomes by potentially extending the timeframe in which prior convictions influence habitual offender status. The revisions aim to ensure that time served in correctional supervision does not contribute to the lapse period required to avoid habitual offender sentencing.

On the recommendation of the Louisiana State Law Institute, proposes several amendments to the Louisiana Civil Code aimed at clarifying and modernizing its language and provisions. Key aspects of the bill include:

1. Clarification of Terminology: The bill introduces Articles 14 and 15 to standardize the interpretation of gender and number in legal texts. Article 14 ensures that words referencing one gender apply to all genders unless the context indicates otherwise, while Article 15 states that singular terms include the plural and vice versa. These changes align with existing provisions in the Code of Civil Procedure and Revised Statutes.
2. Parental Authority and Custody: Amendments to Article 234 address the continuation of parental authority during marriage and specify conditions under which this authority is modified by custody awards. Notably, the bill clarifies that when an ascendant (other than a parent) is awarded custody, they assume parental authority, and when a third person (neither a parent nor an ascendant) is awarded custody, their authority is governed by tutorship rules unless modified by court order.
3. Partition of Property: Changes to Article 811(B) focus on the partition of property among co-owners. The bill prioritizes private sales among existing co-owners over sales to third parties when not all co-owners consent to a partition by private sale. This provision aims to streamline property partitions and protect the interests of current co-owners.
4. Use of "Third Persons" Terminology: Throughout various articles, the bill replaces the term "third parties" with "third persons" to maintain consistency in legal terminology. This change affects provisions related to the effects of divorce on community property (Article 159) and the partition of property (Article 811), among others.
5. Conflict of Laws: The bill revises Article 14 to address multistate cases, specifying that unless otherwise provided by Louisiana law, cases involving contacts with other states are governed by the law selected in accordance with the provisions of Book IV of the Civil Code. This amendment aims to provide clearer guidance on the application of laws in cases with interstate elements.

Overall, House Bill No. 181 seeks to enhance the clarity, consistency, and modernity of the Louisiana Civil Code by updating definitions, standardizing language, and refining legal provisions related to family law and property.