HLS 10RS-199 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 786
BY REPRESENTATIVE MILLS
COURTS/JUSTICE OF PEACE: Authorizes constables of justice of the peace courts to
have parishwide jurisdiction for enforcement of certain motor vehicle violations
AN ACT1
To amend and reenact R.S. 40:1742(B)(2)(a), (c), and (d) and to enact R.S. 13:2586.3,2
2587.3, and 2589(D), R.S. 32:8, and R.S. 40:1742(B)(8) and (D), relative to3
constables of justice of the peace courts; to provide for concurrent jurisdiction of4
justice of the peace courts for certain traffic violations; to provide for parishwide5
territorial jurisdiction for these violations; to provide for parishwide jurisdiction for6
constables for these violations; to provide for limitations upon penalties; to provide7
for appeal procedures; to provide for prosecution of these violations; to provide for8
use of the fines collected; to provide for authority of constables; and to provide for9
related matters. 10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 13:2586.3, 2587.3, and 2589(D) are hereby enacted to read as12
follows:13
§2586.3 Addition jurisdiction and procedure14
A. A justice of the peace shall have concurrent jurisdiction over violations15
occurring anywhere in the parish in which the court is situated which are prohibited16
by the provisions of R.S. 32:80 (overtaking and passing school buses), R.S. 32:29517
(child passenger restraint system), R.S. 32:295.1 (safety belt use), and R.S. 40:174218
(parking spaces for certain disabled persons). In addition, a constable may issue19
summons, serve subpoenas, and make arrests for such violations occurring20 HLS 10RS-199 ORIGINAL
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anywhere in the parish in which his court is situated; however, the penalty that may1
be imposed by a justice of the peace in connection with a violation provided for in2
this Subsection shall be limited to the range of fines allowed for a justice of the3
peace court.4
B. Upon the favorable passage of a local ordinance by a parish governing5
authority, a justice of the peace in a parish shall have concurrent jurisdiction over6
violations of any ordinance prohibiting the overtaking and passing school buses,7
child passenger restraint system, safety belt use, and parking spaces for certain8
disabled persons that occur anywhere in the parish in which the court is situated, and9
may be prosecuted in a justice of the peace court if the ordinance authorizes the10
justice of the peace to have jurisdiction over these violations. In addition, a11
constable may issue summons, serve subpoenas, and make arrests for such violations12
occurring anywhere in the parish in which his court is situated; however, the penalty13
that may be imposed by a justice of the peace in connection with a violation shall be14
limited to the range of fines and penalties allowed that of a justice of the peace court.15
C. Persons found liable in a justice of the peace court for a violation pursuant16
to the provisions of this Section shall have the right of direct appeal to the district17
court by trial de novo for the parish in which the justice of the peace court is situated.18
The appeal shall be filed within ten days of the date of the judgment and notice of19
the appeal shall be given within the ten-day period to the justice of the peace who20
adjudicated the matter, the district court to which the matter is being appealed, and21
the district attorney for the district in which the parish and justice of the peace court22
are located. The appeal from a decision of the district court shall be the same as23
provided by law for appeals of civil matters adjudicated by a district court. If the24
judgment is sustained on appeal, the defendant may be assessed additional court25
costs by the district court as authorized by law.26
D.(1) A justice of the peace who renders a judgment shall retain original27
jurisdiction over that judgment, the enforcement, and collection of fines, and the28
issuance of any writ to enforce its judgment.29 HLS 10RS-199 ORIGINAL
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(2) The constable of the justice of the peace court shall have authority1
parishwide to enforce a judgment of the justice of the peace court as provided for in2
Paragraph (1) of this Subsection.3
E. A constable of the justice of the peace court is authorized to effectuate4
service of process within the parish of that court for any case before that court.5
* * *6
§2587.3. Prosecution of specified violations in justice of the peace courts7
The constable of the justice of the peace court or his deputy shall act as8
prosecutor when called upon to do so by the justice of the peace when the justice of9
the peace exercises his jurisdiction to adjudicate violations prohibited by the10
provisions of R.S. 32:80, 295, and 295.1 and R.S. 40:1742. In those cases where the11
constable has issued the citation or summons or has made the arrest or appears as a12
witness against the accused, the constable shall designate the deputy constable to13
prosecute the matter. If there is no deputy constable, then the justice of the peace14
may appoint a special deputy constable to prosecute the case or may authorize a15
constable from another ward in the parish to prosecute the matter.16
* * *17
§2589. Compensation of justices of the peace and constables in criminal matters;18
exceptions19
* * *20
D. Notwithstanding any provisions of law to the contrary, specifically21
governing the distribution of fines for violations within the jurisdiction of a justice22
of the peace court being received by the local governing bodies, of the fines and23
costs imposed and received by a justice of the peace court for violations of the24
provisions of R.S. 32:80, 295, 295.1, and R.S. 40:1742, at least twenty-five dollars25
per case shall be distributed to the office of the constable of the court to be deposited26
by the constable into a separate fund to be used by the constable for the purchase of27
an annual liability insurance policy for coverage for the acts committed during the28
course and scope of employment of the constable and deputy constables in his office29 HLS 10RS-199 ORIGINAL
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or for reimbursement to the constable's office for time and expenses related to the1
investigation of the case.2
* * *3
Section 2. R.S. 32:8 is hereby enacted to read as follows: 4
§8. Authority of other law enforcement officers; constables of justice of the peace5
courts6
A. A constable of a justice of the peace court is authorized to enforce the7
provisions of R.S. 32:80, 295, and 295.1, and regulations of the Department of8
Transportation and Development and the commissioner adopted pertaining to those9
statutes within the territorial jurisdiction of the parish in which the office of the10
constable is located.11
B. A constable of the justice of the peace court is authorized to issue12
citations and to make arrests in the enforcement of these laws and regulations, and13
in that regard, shall have the same authority and powers conferred by law upon other14
law enforcement officers of this state.15
Section 3. R.S. 40:1742(B)(2)(a), (c), and (d) are hereby amended and reenacted and16
R.S. 40:1742(B)(8) and (D) are hereby enacted to read as follows:17
§1742. Parking spaces for certain disabled persons18
* * *19
B.20
* * *21
(2)(a) The law enforcement officer or constable of a justice of the peace22
court shall be authorized to issue a citation or take whatever law enforcement action23
is deemed necessary or both. Furthermore, when an individual found to be in24
violation of these provisions refuses a request by a law enforcement officer or25
constable of a justice of the peace court to move the vehicle found in violation, the26
officer or constable shall be authorized to have such vehicle towed.27
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(c) The citation issued pursuant to the provisions of this Subsection shall be1
personally served upon the operator of the vehicle by affixing the parking citation2
to the vehicle in a conspicuous place thereon. The original parking citation shall3
bear the name or initials and identification number of the issuing officer or constable4
who shall affirm the truth of the facts set forth therein. An operator of a vehicle who5
is not the owner, but who uses or operates the vehicle with permission of the owner,6
expressed or implied, shall be considered the agent of the owner to receive the7
citation required to be served upon the operator or registered owner of a vehicle in8
accordance with the provisions of this Subsection. When a citation is issued for an9
alleged violation of the laws governing parking in a mobility-impaired parking space,10
loading and unloading areas, access aisles, access ramps, and curb cuts, there shall11
be a rebuttable presumption that a person in whose name the vehicle is registered12
was the operator of the vehicle when the alleged violation was committed.13
(d) In the event that the registered owner or operator of a vehicle drives the14
vehicle away from or in any manner leaves the site of the violation while the issuing15
officer or constable is preparing the citation, or refuses service of the parking citation16
and drives away from or in any manner leaves the site of the violation, this fact shall17
be duly noted on the original and all copies of the parking citation. This original and18
all copies of a parking citation shall constitute a business record of the law19
enforcement agency or justice of the peace court issuing the citation and shall20
constitute prima facie evidence that the citation was issued and that an attempt at21
service was made in accordance with the provisions of this Subsection.22
* * *23
(8) Notwithstanding any other provision of law to the contrary, the penalty24
that may be imposed by a justice of the peace in connection with a violation shall be25
limited to the range of fines allowed by law for a justice of the peace court.26
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D.(1) A constable of a justice of the peace court is authorized to enforce the1
provisions of Paragraph B(1) of this Section within the territorial jurisdiction of the2
parish in which the office of the constable is located.3
(2) A constable of the justice of the peace court is authorized to issue4
citations and to make arrests in the enforcement of this law and shall have the same5
authority and powers conferred by law upon other law enforcement officers of this6
state.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)]
Mills HB No. 786
Abstract: Requires the justice of the peace to have concurrent jurisdiction over violations
occurring anywhere in the parish in which the court is situated for violations of state
offenses and local ordinances of overtaking and passing school buses, child
passenger restraint system, safety belt use, and parking spaces for certain disabled
persons and of any ordinance violation for these offenses which the justice of the
peace court has jurisdiction. Provides for law enforcement powers of the constable,
provides for limitations on fines, uses for the funds received, and procedures for
appeal.
Proposed law requires that a justice of the peace shall have concurrent jurisdiction over
violations occurring anywhere in the parish in which the court is situated for the state
offenses of overtaking and passing school buses, child passenger restraint system, safety belt
use, and parking spaces for certain disabled persons and of any ordinance violation for these
offenses which the justice of the peace court has jurisdiction.
Proposed law authorizes a constable to issue summons, serve subpoenas, and make arrests
for these violations occurring anywhere in the parish in which the court is situated.
Proposed law provides that the penalty that may be imposed by a justice of the peace for one
of these violations shall be limited to the range of fines allowed for a justice of the peace
court.
Proposed law provides that persons found liable in a justice of the peace court for one of
these violations shall have the right of direct appeal to the district court by trial de novo for
the parish in which the justice of the peace court is situated.
Proposed law provides that the appeal must be filed within 10 days of the date of the
judgment and notice of the appeal must be given within the 10 day period to the justice of
the peace who adjudicated the matter, the district court to which the matter is being
appealed, and the district attorney for the district in which the parish and justice of the peace
court are located.
Proposed law requires the constable of the justice of the peace court or his deputy to act as
prosecutor when called upon to do so by the justice of the peace for the specified violations
and if the constable has issued the citation or summons or has made the arrest or appears as HLS 10RS-199 ORIGINAL
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a witness against the accused, the constable shall designate the deputy constable to prosecute
the matter or if there is no deputy constable, then the justice of the peace may appoint a
special deputy constable to prosecute the case or may authorize a constable from another
ward in the parish to prosecute the matter.
Proposed law requires at least $25 of the fines and court costs imposed and received by a
justice of the peace court for the specified violations be distributed to the office of the
constable of the court to be deposited by the constable into a separate fund to be used by the
constable for the purchase of an annual liability insurance policy for coverage for the acts
committed during the course and scope of their employment of the constable and deputy
constables in his office or for reimbursement for the time of the constable and expenses
related to investigation of the case.
Proposed law authorizes a constable of the justice of the peace court to issue citations and
to make arrests in the enforcement of the specified provisions and shall have the same
authority and powers conferred by law upon other law enforcement officers of this state.
(Amends R.S. 40:1742(B)(2)(a), (c), and (d); Adds R.S. 13:2586.3, 2587.3, and 2589(D),
R.S. 32:8, and R.S. 40:1742(B)(8) and (D))