§ 14:360 — Due process determination of facts

Louisiana § 14:360

• Jurisdiction: Louisiana
• Title 14: Criminal Law

Text

§360. Due process determination of facts
In determining that any organization or individual is in fact a
communist action organization, a communist front organization, a communist
infiltrated organization, a subversive organization, a communist or a
subversive person, the following procedure shall be the legal method of such
determination:
Upon any district attorney or the attorney general being reasonably
informed that an organization or person is or should be subject to the
regulation of R.S. 14:358 through 373, the district attorney having proper
jurisdiction, or the attorney general, shall institute in the appropriate district
court a civil proceeding in the name of the state of Louisiana against such
organization or individual, setting forth the relevant and pertinent facts
pertaining to said organization or individual under the definitions provided in
R.S. 14:358 through 373, and praying for a judgment of the court determining,
from the facts presented concerning said organization or individual, whether
or not said organization or individual is in fact a communist action
organization, a communist front organization, a communist infiltrated
organization, a subversive organization, a communist or a subversive person,
as the case may be. All such suits shall be procedurally handled as an
adversary proceeding the same as any other civil action. The judgment of the
court in such actions shall be based upon a preponderance of the evidence, as
in all other civil cases. No determination of fact as provided in this Section
concerning any organization or individual shall be made by any other way than
by judgment of a district court of this state, which judgment shall, when so
justified by the facts presented, be rendered as prayed for by the district
attorney or attorney general, as the case may be, identifying the defendant in
the terms defined in R.S. 14:359. The provisions of Articles 1871 through
1883, of the Louisiana Code of Civil Procedure, concerning declaratory
judgments, shall apply to all civil actions provided for in this Section.

Legislative History

Amended by Acts 1965, No. 45, §1.