Louisiana 2012 2012 Regular Session

Louisiana House Bill HB503 Engrossed / Bill

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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
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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
after the date of such decision. The traffic court shall have de novo review over such21 HLS 12RS-365	ENGROSSED
HB NO. 503
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appeals. The traffic court shall adopt rules regulating the manner of taking, hearing,1
and deciding such appeals.2
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§2151.  Sections of first city court; election of judges; presiding judge; jurisdiction4
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E.  The first city court shall have jurisdiction over appeals by any person6
aggrieved by a decision of the traffic court concerning a traffic violation enforced by7
the city of New Orleans' automated traffic enforcement system.  Appeals from the8
traffic court shall extend to the law and shall be tried upon the records made and the9
evidence offered in court by the judge to whom the appeal shall be allotted.  Any10
aggrieved person shall file such appeal within thirty days of such decision. The first11
city court shall adopt rules regulating the manner of taking, hearing, and deciding12
such appeals.13
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§2151.4.  Second city court; judge; clerk; constable; jurisdiction15
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E. The second city court shall have jurisdiction over appeals by any person17
aggrieved by a decision of the traffic court concerning a traffic violation enforced by18
the city of New Orleans' automated traffic enforcement system. Appeals from the19
traffic court shall extend to the law and shall be tried upon the records made and the20
evidence offered in court by the judge to whom the appeal shall be allotted.  Any21
aggrieved person shall file such appeal within thirty days of such decision.  The22
second city court shall adopt rules regulating the manner of taking, hearing, and23
deciding such appeals.24
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§2501.1.  Traffic Court of New Orleans26
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F.  The jurisdiction of this court shall extend to the trial of violations of the28
ordinances of the city of New Orleans regulating traffic within the city of New29 HLS 12RS-365	ENGROSSED
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Orleans. The jurisdiction of the court shall further extend to the trial of offenses1
involving traffic and the regulation thereof punishable by state statute including2
violations of the Criminal Code of Louisiana involving traffic and the trial of3
violations relating to street and highway regulatory laws and such other state laws4
as relate to the operation of a vehicle.  The jurisdiction over state traffic offenses5
shall be concurrent with the Criminal District Court for the Parish of Orleans. In6
addition, every prosecution in the Traffic Court of New Orleans under state law shall7
be filed in the court by affidavit or bill of information under the provision of state8
law defining the offense and such prosecution shall be brought by the city attorney9
of New Orleans. The jurisdiction of the court shall further extend to appeals by any10
person aggrieved by an administrative hearing officer's decision concerning a traffic11
violation enforced by the city of New Orleans' automated traffic enforcement system.12
Any aggrieved person shall file such appeal within thirty days after the date of such13
decision. The traffic court shall have de novo review over such appeals.  The traffic14
court shall adopt rules regulating the manner of taking, hearing, and deciding such15
appeals. The traffic court shall have no other jurisdiction, and shall not have16
jurisdiction over the trial of any state offense that now or hereafter may require a trial17
by jury.18
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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)]
Arnold	HB No. 503
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.
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. HLS 12RS-365	ENGROSSED
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are additions.
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
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))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Judiciary to the original bill.
1. Removed the provision that appeals from the traffic court shall extend to the
facts of the case.