Louisiana 2010 2010 Regular Session

Louisiana House Bill HB1462 Introduced / Bill

                    HLS 10RS-2903	ORIGINAL
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are additions.
Regular Session, 2010
HOUSE BILL NO. 1462         (Substitute for House Bill No. 1017 by Representative
Waddell)
BY REPRESENTATIVE WADDELL
COURTS/JUSTICE OF PEACE: Provides for territorial jurisdiction of justice of the peace
courts
AN ACT1
To amend and reenact R.S. 13:1952(21)(c) and to enact R.S. 13:2594, relative to territorial2
jurisdiction of justice of the peace courts; to provide with respect to concurrent3
jurisdiction with city courts and mayors' courts in certain circumstances; to provide4
relative to elections; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 13:1952(21)(c) is hereby amended and reenacted and R.S. 13:25947
is hereby enacted to read as follows:8
§1952.  Courts created by special legislative Act9
The following city courts, heretofore created and established by special10
legislative Act, are hereby recognized and continued in existence and, except as11
otherwise provided in this Section, their territorial jurisdiction shall extend through12
the city and ward or wards wherein the city in which they are domiciled is located,13
as extended from time to time:14
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(21)16
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HB NO. 1462
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(c) The territorial jurisdiction of the court shall extend over all territory1
within Caddo Parish which is now or hereafter included within the corporate limits2
of the city of Shreveport and throughout the fourth ward of Caddo Parish.  In3
addition to all other jurisdiction vested in the court, it shall have criminal4
jurisdiction, as conferred by Article VII, Section 51 of the Louisiana Constitution of5
1921 and Article XIV, Section 16(A)(5) of the Constitution of Louisiana of 1974, of6
all those portions of Bossier Parish now or hereafter included within the corporate7
limits of the city of Shreveport. Wherever the corporate limits of the city of8
Shreveport extend or hereafter extend into a justice of the peace ward, the city court9
shall have concurrent jurisdiction within that portion of the justice of the peace ward10
included within the corporate limits concurrent with that of the justice of the peace;11
in those cases in which the justice of the peace would have jurisdiction, and that12
portion of the justice of the peace ward not included within the corporate limits shall13
remain under the jurisdiction of the justice of the peace.14
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§2594.  Territorial jurisdiction of justice of the peace courts16
A. The territorial jurisdiction of the justice of the peace courts within each17
parish, as it existed on August 6, 2006, shall continue and shall not be diminished or18
otherwise changed by reason of the annexation into any municipality within the19
parish of all or any part of the area comprising such territorial jurisdiction of a justice20
of the peace court.21
B. Whenever, by reason of annexation, the territorial jurisdiction of a22
mayor's court or a city court is extended into all or any part of the territorial23
jurisdiction of an existing justice of the peace court, the territorial jurisdiction of the24
mayor's court or the city court, as the case may be, shall be concurrent with that of25
the justice of the peace court.26
C. Voters residing within the territorial jurisdiction of the existing justice of27
the peace court and the territorial jurisdiction of the mayor's court or the city court,28
as applicable, shall be entitled to cast a vote to elect candidates for both offices.29 HLS 10RS-2903	ORIGINAL
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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)]
Waddell	HB No. 1462
Abstract: Provides concurrent jurisdiction of justice of the peace courts with city courts or
mayors' courts when all or part of the territorial jurisdiction of the justice of the
peace court is annexed into a municipality.
Present law provides that wherever the corporate limits of the city of Shreveport are
extended into a justice of the peace ward, the city court shall have jurisdiction within that
portion of the justice of the peace ward included within the corporate limits concurrent with
that of the justice of the peace in those cases in which the justice of the peace would have
jurisdiction. That portion of the justice of the peace ward not included within the corporate
limits shall remain under the jurisdiction of the justice of the peace.
Proposed law provides that wherever the corporate limits of the city of Shreveport are
extended into a justice of the peace ward, the city court shall have concurrent jurisdiction
with the justice of the peace court within that portion of the justice of the peace ward
included within the corporate limits.
Proposed law provides that when all or part of any justice of the peace ward is annexed into
a municipality, the justice of the peace court shall have concurrent jurisdiction with the city
court or mayor's court of the municipality.
Proposed law provides that a voter residing in the annexed area shall be entitled to cast a
vote to elect both the justice of the peace for the ward in which the voter resides as well as
the judge of the city court or mayor's court having territorial jurisdiction, as applicable.
(Amends R.S. 13:1952(21)(c); Adds R.S. 13:2594)