Louisiana 2010 2010 Regular Session

Louisiana House Bill HB690 Introduced / Bill

                    HLS 10RS-1457	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 690
BY REPRESENTATIVE MONICA
COURTS/JUSTICE OF PEACE: Authorizes certain constables to have parishwide
jurisdiction
AN ACT1
To enact R.S. 13:2586(G) and (H), relative to jurisdiction of constables of justice of the2
peace courts; to provide that certain constables shall have criminal jurisdiction to3
issue summons and serve subpoenas parishwide; to provide for limitations; to extend4
the jurisdiction of the constables in civil matters for specified service of processes5
parishwide; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1.  R.S. 13:2586(G) and (H) are hereby enacted to read as follows: 8
ยง2586.  Jurisdiction and procedure9
*          *          *10
G. A constable of a justice of the peace court in criminal matters is11
authorized to issue summons, citations, serve subpoenas, and make arrests anywhere12
in the parish in which the justice of the peace court is situated if all of the following13
conditions are satisfied:14
(1)  The constable is P.O.S.T. certified.15
(2) The office of constable has liability insurance in force in an amount of16
at least two hundred and fifty thousand dollars.17
(3) The constable has at a minimum of four years of verifiable experience18
as a full-time or reserve deputy sheriff or municipal police officer or other full-time19
peace officer.20 HLS 10RS-1457	ORIGINAL
HB NO. 690
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(4) The constable is current and accredited with all training mandated by law1
for a constable of a justice of the peace court.2
H. A constable of the justice of the peace court in civil matters is authorized3
to effectuate service of process within the parish where his justice of the peace court4
is located on processes from a requesting constable from another parish or for a5
constable from his own parish who requests that he perform service of process on his6
behalf.7
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)]
Monica	HB No. 690
Abstract: Authorizes a constable of a justice of the peace court in criminal matters to issue
summons, citations, serve subpoenas, and make arrests anywhere in the parish in
which the justice of the peace court is situated if all of the specified conditions are
met and, in civil matters, extends his jurisdiction parishwide for certain services of
process.
Present law provides that a justice of the peace court has criminal jurisdiction parishwide as
a committing magistrate and shall have the power to bail or discharge, in non-capital cases
or cases necessarily punishable at hard labor, and may require bonds to keep the peace.
Present law provides that a justice of the peace court shall have concurrent jurisdiction over
litter violations occurring anywhere in the parish in which the court is situated and a
constable may issue summons and serve subpoenas for such violations occurring anywhere
in the parish in which his court is situated.
Present law provides that a constable of a justice of the peace court shall have authority
parishwide to enforce a judgment of the justice of the peace court and is authorized to
effectuate service of process within the parish of that court for any case before that court.
Proposed law provides that a constable of a justice of the peace court in criminal matters is
authorized to issue summons, citations, serve subpoenas, and make arrests anywhere in the
parish in which the justice of the peace court is situated if all of the following conditions are
satisfied:
(1)The constable is P.O.S.T. certified.
(2)The office of constable has liability insurance in force in an amount of at least
$250,000. 
(3)The constable has at a minimum of four years of verifiable experience as a full-time
or reserve deputy sheriff or municipal police officer or other full-time peace officer.
(4)The constable is current and accredited with all training mandated by law for a
constable of a justice of the peace court. HLS 10RS-1457	ORIGINAL
HB NO. 690
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law authorizes a constable of the justice of the peace court in civil matters to
effectuate service of process within the parish where his justice of the peace court is located
for a requesting constable from another parish or for a constable from his own parish who
requests that he perform service of process on his behalf.
(Adds R.S. 13:2586(G) and (H))