HLS 12RS-365 ORIGINAL Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2012 HOUSE BILL NO. 503 BY REPRESENTATIVE ARNOLD TRAFFIC/VIOLATIONS: Provides for jurisdiction with respect to certain traffic violations AN ACT1 To amend and reenact R.S. 13:2501.1(F) and to enact R.S. 13:1337(C), 2151(E), and2 2151.4(E), relative to courts and judicial procedure; to provide relative to the3 jurisdiction of the Traffic Court of New Orleans and the First and Second City4 Courts of New Orleans; to provide relative to appeals by any person aggrieved by a5 decision concerning a traffic violation enforced by the city of New Orleans'6 automated traffic enforcement system; to provide certain terms and conditions; and7 to provide for related matters.8 Notice of intention to introduce this Act has been published9 as provided by Article III, Section 13 of the Constitution of10 Louisiana.11 Be it enacted by the Legislature of Louisiana:12 Section 1. R.S. 13:2501.1(F) is hereby amended and reenacted and R.S. 13:1337(C),13 2151(E), and 2151.4(E) are hereby enacted to read as follows: 14 §1337. Appellate and supervisory jurisdiction; writs15 * * *16 C. The traffic court shall have exclusive appellate jurisdiction of all appeals17 by any person aggrieved by an administrative hearing officer's decision concerning18 a traffic violation enforced by the city of New Orleans' automated traffic19 enforcement system. Any aggrieved person shall file such appeal within thirty days20 HLS 12RS-365 ORIGINAL HB NO. 503 Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. after the date of such decision. The traffic court shall have de novo review over such1 appeals. The traffic court shall adopt rules regulating the manner of taking, hearing,2 and deciding such appeals.3 * * *4 §2151. Sections of first city court; election of judges; presiding judge; jurisdiction5 * * *6 E. The first city court shall have jurisdiction over appeals by any person7 aggrieved by a decision of the traffic court concerning a traffic violation enforced by8 the city of New Orleans' automated traffic enforcement system. Appeals from the9 traffic court shall extend to the law and the facts and shall be tried upon the records10 made and the evidence offered in court by the judge to whom the appeal shall be11 allotted. Any aggrieved person shall file such appeal within thirty days of such12 decision. The first city court shall adopt rules regulating the manner of taking,13 hearing, and deciding such appeals.14 * * *15 §2151.4. Second city court; judge; clerk; constable; jurisdiction16 * * *17 E. The second city court shall have jurisdiction over appeals by any person18 aggrieved by a decision of the traffic court concerning a traffic violation enforced by19 the city of New Orleans' automated traffic enforcement system. Appeals from the20 traffic court shall extend to the law and the facts and shall be tried upon the records21 made and the evidence offered in court by the judge to whom the appeal shall be22 allotted. Any aggrieved person shall file such appeal within thirty days of such23 decision. The second city court shall adopt rules regulating the manner of taking,24 hearing, and deciding such appeals.25 * * *26 §2501.1. Traffic Court of New Orleans27 * * *28 HLS 12RS-365 ORIGINAL HB NO. 503 Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. F. The jurisdiction of this court shall extend to the trial of violations of the1 ordinances of the city of New Orleans regulating traffic within the city of New2 Orleans. The jurisdiction of the court shall further extend to the trial of offenses3 involving traffic and the regulation thereof punishable by state statute including4 violations of the Criminal Code of Louisiana involving traffic and the trial of5 violations relating to street and highway regulatory laws and such other state laws6 as relate to the operation of a vehicle. The jurisdiction over state traffic offenses7 shall be concurrent with the Criminal District Court for the Parish of Orleans. In8 addition, every prosecution in the Traffic Court of New Orleans under state law shall9 be filed in the court by affidavit or bill of information under the provision of state10 law defining the offense and such prosecution shall be brought by the city attorney11 of New Orleans. The jurisdiction of the court shall further extend to appeals by any12 person aggrieved by an administrative hearing officer's decision concerning a traffic13 violation enforced by the city of New Orleans' automated traffic enforcement system.14 Any aggrieved person shall file such appeal within thirty days after the date of such15 decision. The traffic court shall have de novo review over such appeals. The traffic16 court shall adopt rules regulating the manner of taking, hearing, and deciding such17 appeals. The traffic court shall have no other jurisdiction, and shall not have18 jurisdiction over the trial of any state offense that now or hereafter may require a trial19 by jury.20 * * *21 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)] Arnold HB No. 503 Abstract: Provides the Traffic Court of New Orleans and the First and Second City Courts of New Orleans with jurisdiction for appeals by any person aggrieved by a decision concerning a traffic violation enforced by the city of New Orleans' automated traffic enforcement system. Present law provides for the jurisdiction of the Traffic Court of New Orleans, the First City Court of New Orleans, and the Second City Court of New Orleans. HLS 12RS-365 ORIGINAL HB NO. 503 Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Proposed law retains present law. Proposed law provides that the traffic court shall have exclusive jurisdiction of appeals by any person aggrieved by an administrative hearing officer's decision concerning a traffic violation enforced by the city of New Orleans' automated traffic enforcement system. Proposed law provides that such appeals to the traffic court shall be made within 30 days from the date of decision. Proposed law provides that the traffic court shall have de novo review over such appeals. Proposed law provides that the First or Second City Court of New Orleans shall have jurisdiction of appeals by any person aggrieved by a decision of the traffic court concerning a traffic violation enforced by the city of New Orleans' automated traffic enforcement system. Proposed law provides that such appeals to the first or second city court shall be made within 30 days from the date of decision. Proposed law provides that such appeals from the traffic court shall extend to the law and the facts and shall be tried upon the records made and the evidence offered in traffic court. (Amends R.S. 13:2501.1(F); Adds R.S. 13:1337(C), 2151(E), and 2151.4(E))