SB 1198 - Currently, during the time that the General Assembly is in session, there is an automatic stay of any administrative or court proceeding where a member of the General Assembly is a necessary witness. This act provides that the automatic stay shall apply instead when the member is subpoenaed as a witness. In addition to those exceptions provided by current law, stays for members of the General Assembly shall not apply to proceedings in which a member has been subpoenaed as a witness unless the court or tribunal quashes the subpoena for good cause shown by any party to the proceeding nor shall it apply to proceedings in which a member has been ordered to serve as a juror unless the order requiring the member to serve as a juror is set aside.
Current law provides that it is a sufficient cause for a continuance of any civil or criminal cases or administrative proceeding if it shall appear to the court that any party, attorney, solicitor, or counsel is a member of the General Assembly and in actual attendance of an out-of-session hearing, special session, or veto session and that the attendance of such person is necessary to a fair and proper trial or other proceeding in such suit. This act modifies this provision and provides that it shall be a sufficient cause for such continuance if any individual subpoenaed as a witness, any individual ordered to serve as a juror, any party applying for a continuance, or any attorney, solicitor, or counsel of such party is a member of the General Assembly and in or scheduled to be in actual attendance of an out-of-session hearing, special session, or veto session.
This act is identical to SB 320 (2023) and SB 1198 (2022) and is similar to SB 269 (2021).
KATIE O'BRIEN