SB 336 — CIVIL PROCEDURE: Provides relative to civil investigative demands. (8/1/26) (EN SEE FISC NOTE LF EX)

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-475 ENGROSSED SB NO.

336 foreign business entity may be served pursuant to the Codeof Civil Procedure.

Upon failure of the person or business entity to comply with the investigative subpoena, the attorney general may file a motion with a district courtPage 5 of proper6 jurisdictionCoding: to compel compliance with the investigative subpoena.

Failure to comply with a court order is punishable by contempt of court.

The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared bySenate Legislative Services.

The keyword, summary, 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)] DIGEST SB 336 Engrossed 2026 Regular Session Luneau Present law (R.S.

46:437.1) establishes the "Medical Assistance Programs Integrity Law".

Proposed law provides that when the attorney general has information, evidence or reason to believe that a person or an entity may be in possession, custody, or control of any documentary material, information, or physical evidence relevant to an investigation of a violation of present law, he mayissue to the person or entitya civil investigative demand to require the answering under oath and in writing of interrogatories or the production for inspection, copying or reproduction of the documentary material, information, or physical evidence before the commencement of a civil proceeding.

Proposed law provides that a civil investigative demand issued pursuant to proposed law shall state a general description of the subject matter being investigated.

Each investigative demand shall set a return date of not earlier than 20 days after service of the demand upon the person, legal representative, or agent for service of process.

Proposed law provides that a civil investigative demand for answers to written interrogatories shall set forth with specificity the written interrogatories to be answered.

A civil investigative demand for the production of documentary material shall describe each class of documentary material to be produced with definiteness and certainty to permit the material to be fairly identified.

Proposed law provides that a civil investigative demand maynot contain a requirement that wouldbeunreasonableifcontainedinasubpoenaorsubpoenaducestecumissuedbyacourt in a grand juryinvestigation or require the production of written answers to interrogatories, or the production of documentarymaterial that would be privileged from disclosure.

Proposed law provides that the production of documentary material in response to a civil Page 6 of 9 Coding:

SLS 26RS-475 ENGROSSED SB NO.

336 investigativedemandservedunderthisArt.shallbemadeunderasworncertificatethatshallENROLLED statecourt that all of theproper documentaryjurisdiction material required by the demand and in the possession, custody or control of the person to whomcompel thecompliance demandwith is directed has been produced and made available to the attorneyinvestigative general.subpoena.

FurtherFailure providesto thatcomply ifwith the demand is on a naturalcourt person,order the person to whom the demand is directedpunishable shallby makecontempt theof certification.court.

Proposedlawprovidesthatifthedemandisonapersonotherthananaturalperson,apersonPRESIDENT havingOF knowledgeTHE ofSENATE theSPEAKER factsOF andTHE circumstancesHOUSE relatingOF toREPRESENTATIVES theGOVERNOR productionOF andTHE authorizedSTATE toOF actLOUISIANA onAPPROVED: behalf of the person shall make the certification.

ProposedPage law6 providesof that6 aCoding: civil investigative demand issued pursuant to proposed law maybeservedbythesherifforapost-certifiedinvestigatoremployedbytheattorneygeneral when the demand is issued to a resident or domestic business entity found in this state.

Further provides that a civil investigative demand issued to a nonresident or a foreign business entity shall be served as provided for in present law Code of Civil Procedure (C.C.P.).

Proposed law provides that upon failure of the person or business entityto complywith the civil investigative demand, the attorney general may file a motion with a district court of proper jurisdiction to compel compliance with the civil investigative demand.

Further provides that failure to comply with a court order shall be punishable bycontempt.

Proposed law provides that except as otherwise provided in proposed law, no documentary material, answers to interrogatories, or copies thereof, produced pursuant to proposed law or information derived therefrom,or transcripts and information derived from investigative depositions conducted pursuant to proposed law shall be subject to disclosure, discovery, subpoena or other means of legal compulsion for release by any person or entity except as determined by the attorney general and subject to the imposition of any conditions for effective enforcement of the laws of this state.

Proposed law provides that nothing in proposed law shall be construed to prohibit or limit the attorney general from sharing any documentary material, answers to interrogatories, or copiesthereof,orinformationderivedtherefrom,ortranscriptsandinformationderivedfrom investigative depositions conducted pursuant to proposed law with any other state government,theU.S.government,oranystateorfederalagency,oranypersonorentitythat assists in the investigation or prosecution of the subject matter of the civil investigative demand.

Proposedlawprovidesthattheattorneygeneralmayusedocumentarymaterialderivedfrom information obtained pursuant to proposed law, or copies of the material, in the manner the attorneygeneraldeterminesnecessaryfortheenforcementofthelawsofthisstate,including instituting a civil proceeding with the court.

Proposed law provides that the attorney general, upon the written request of the person or entity required to produce documentarymaterial pursuant to proposed law, shall destroyor return to the person or entity any material which has not become a part of the record by introduction into evidence in any court, grand jury or agency proceeding if the case or proceedinghasbeencompleted,orproceedingshavenotbeeninstitutedwithinareasonable timeafteranalysisofalldocumentarymaterialandotherinformationproducedinthecourse of the investigation.

Proposedlawprovidesthatdocumentarymaterial,answerstowritteninterrogatories,ororal testimonyprovidedpursuanttoacivilinvestigativedemandorinvestigativedepositionshall be exempt from disclosure under present law (R.S.

44:1 et seq.).

Proposed law defines "documentary material".

Proposedlawprovidesthatapersonwhohasreceivedacivilinvestigativedemandpursuant Page 7 of 9 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-475 ENGROSSED SB NO.

336 to proposed law may seek to modify or set aside the demand by filing a petition through ordinary proceedings with the court in the judicial district within which the person resides, is found,ortransactsbusiness.

If no such jurisdiction exists, thepersonmayfilethepetition in the 19th JDC.

Proposedlawprovidesthatapetition filed pursuant to proposedlawshall befiledwithin 20 days after the date of service of the civil investigative demand authorized in proposed law, or at any time before the return date specified in the demand, whichever date is earlier.

Proposed law provides that the petition shall specifyeachground upon which the petitioner is seekingreliefin accordancewith proposed law, and maybe based upon anyfailure of the demand to comply with the provisions of proposed law or upon any constitutional or other legal right or privilege of the person.

Proposed law provides that during the pendency of the proceedings, the court in its discretion, may stay the running of the time allowed for compliance with the demand, in whole or in part, except that the person filing the petition shall complywith anyportions of the demand not sought to be modified or set aside.

Proposed law provides that when the attorney general has information, evidence or reason to believe that a person or entityhas information related to an investigation of a violation of present law, he mayissue an investigative subpoena for deposition testimonyto anyperson orentitythatmayhaveinformationorknowledgerelevanttothematterunderinvestigation, or for the purpose of revealing, identifying, or explaining documentary material or other physical evidence sought.

Proposedlawprovidesthattheinvestigativesubpoenashall containageneraldescriptionof the matter under investigation, and a notice informing the deponent of his right to counsel atthedepositionwithopportunityforcross-examination.Furtherprovidesthatthedeposition shallbeconductedatthedeponent'sprincipalplaceofbusiness,placeofresidence,domicile, or, if agreeable to the deponent, some other place convenient to the attorneygeneral or the deponent and the deponent's attorney or designated lawful representative.

Proposedlawprovidesthatthedeposition shall beheldonadate not earlierthan seven days after the date on which demand was received, unless the attorney general determines that exceptional circumstances exist that warrant the commencement of the testimony within a shorter period of time.

Proposed law provides that an investigative subpoena issued pursuant to proposed law may be served by the sheriff or a post-certified investigator employed by the attorney general when the demand is issued to a resident or domestic business entity found in this state.

An investigative subpoena issued to a nonresident or a foreign business entity may be served pursuant to present law (C.C.P.).

Proposedlawprovidesthatwhenaninvestigativesubpoenaisissuedtoabusinessentity,the entityshalldesignateoneormoreofficers,directors,ormanagingagents,andmaysetforth, for each person designated, the matters on which he will testify.

Further requiresthe person designated to testify to the matters known or reasonablyavailable to the organization.

Proposed law provides that upon failure of the person or business entity to complywith the investigativesubpoena,theattorneygeneralmayfileamotionwithadistrictcourtofproper jurisdiction to compel compliance with the investigative subpoena.

Further provides that failure to comply with a court order is punishable by contempt of court.

Effective August 1, 2026.

(Adds R.S.

46:438.9 and 438.10) Page 8 of 9 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-475 ENGROSSED SB NO.

336 Summary of Amendments Adopted by Senate Committee Amendments Proposed by Senate Committee on Judiciary A to the original bill 1.

Corrects references to the Subpart from Subpart A to Subpart B.

2.

Makes technical changes.

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