Louisiana House Bill HB786

Louisiana 2010 Regular Session

• Introduced: 3/29/10
• Refer: 3/29/10

Caption

Authorizes constables of justice of the peace courts to have parishwide jurisdiction for enforcement of certain motor vehicle violations

Impact

Should it pass, HB 786 would significantly modify the role of justice of the peace courts and their constables by providing them with broader enforcement capabilities. This includes having the authority to manage traffic violations across the entire parish, rather than being limited to only specific localities. Consequently, this bill is likely to standardize and streamline enforcement across jurisdictions, as individuals found guilty of violations will be subjected to consistent penalties and appeal processes, aimed at promoting adherence to traffic laws.

Summary

House Bill 786 aims to expand the jurisdiction of justice of the peace courts in Louisiana by allowing them to have concurrent jurisdiction over specific traffic violations occurring anywhere within the parish. These violations include offenses related to overtaking and passing school buses, the use of child passenger restraint systems, safety belt usage, and the parking in designated spaces for disabled persons. This bill seeks to empower constables associated with these courts by granting them the authority to issue summonses, serve subpoenas, and make arrests for these infractions, thus enhancing the enforcement of traffic laws.

Sentiment

The sentiment regarding HB 786 appears to be mixed. Supporters argue that this bill will enhance public safety by allowing for more efficient enforcement of traffic regulations that protect vulnerable groups, like children and the disabled. They believe that it will significantly improve compliance with crucial safety laws. However, opponents may be concerned about the expansion of constable powers, potential overreach, and the implications of local governance if such enforcement responsibilities are centralized.

Contention

Notable points of contention revolve around the limitations placed on penalties and the appeal procedures outlined in the bill. For instance, the proposed law restricts the fines that justices of the peace can impose to a certain range defined within existing statute. Moreover, the requirement for appeals to be filed within ten days and to include notifications to various parties may raise concerns among those who feel this could complicate or hinder access to justice for individuals. Additionally, discussions surrounding the adequacy of training and oversight for constables in their new roles could further divide opinions.