Louisiana HB 193: CIVIL/ACTIONS: Provides relative to lawsuit procedures for incarcerated individuals

Bill Text

HLS 25RS-655 REENGROSSED
2025 Regular Session
HOUSE BILL NO. 193
BY REPRESENTATIVE AMEDEE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CIVIL/ACTIONS: Provides relative to lawsuit procedures for incarcerated individuals
1 AN ACT
2 To amend and reenact R.S. 15:1184(A)(2), relative to suits by prisoners; to provide for the
3 procedure for suits by prisoners; to provide for the dismissal of suits by prisoners;
4 to provide relative to peremptory exceptions; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 15:1184(A)(2)is hereby amended and reenacted to read as follows:
7 §1184. Suits by prisoners
8 A.
9 * * *
10 (2)(a) No prisoner suit shall assert a claim under state law until such
11 administrative remedies as are available are exhausted. If a prisoner suit is filed in
12 contravention of this Paragraph, the court shall dismiss the suit without prejudice.
13 A suit dismissed under this Section shall not interrupt prescription.
14 (b) If a prisoner fails to timely initiate or pursue his administrative remedies
15 within the deadlines established in R.S. 15:1172(B) or LAC 22:I.325, his claim is
16 abandoned and any subsequent suit asserting such a claim shall be dismissed with
17 prejudice.
18 (c) If the administrative remedy process is ongoing and incomplete at the
19 time the prisoner suit is filed, the suit shall be dismissed without prejudice.
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.

HLS 25RS-655 REENGROSSED
HB NO. 193
1 (d) Failure to exhaust administrative remedies may be raised by dilatory
2 exception under Code of Civil Procedure Article 926.
3 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 193 Reengrossed 2025 Regular Session Amedee
Abstract: Provides relative to suits by prisoners and the procedure for dismissal.
Present law provides that no prisoner shall assert a claim under state law until such
administrative remedies are exhausted. If a suit is filed in contravention to present law the
court shall dismiss the suit without prejudice.
Proposed law retains present law but provides that a suit dismissed under present law shall
not interrupt prescription and removes the provision under present law that the suit is
dismissed without prejudice.
Proposed law provides that if a prisoner fails to timely initiate or pursue his administrative
remedies within the deadlines established, his claim is abandoned and any subsequent claim
shall be dismissed with prejudice.
Proposed law provides that if the administrative remedy process is ongoing and incomplete
at the time the prisoner suit is filed, the suit shall be dismissed without prejudice.
Proposed law provides that failure to exhaust administrative remedies may be raised by
dilatory exception.
(Amends R.S. 15:1184(A)(2))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Change the exception for a failure to exhaust administrative remedies from a
peremptory exception to a dilatory exception
2. Make a technical change.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.