Louisiana 2012 Regular Session

Louisiana House Bill HB503 Latest Draft

Bill / Chaptered Version

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ACT No. 497
Regular Session, 2012
HOUSE BILL NO. 503
BY REPRESENTATIVE ARNOLD
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
appeals. The traffic court shall adopt rules regulating the manner of taking, hearing,22
and deciding such appeals.23
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§2151.  Sections of first city court; election of judges; presiding judge; jurisdiction1
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E. The first city court shall have jurisdiction over appeals by any person3
aggrieved by a decision of the traffic court concerning a traffic violation enforced by4
the city of New Orleans' automated traffic enforcement system.  Appeals from the5
traffic court shall extend to the law and shall be tried upon the records made and the6
evidence offered in court by the judge to whom the appeal shall be allotted.  Any7
aggrieved person shall file such appeal within thirty days of such decision. The first8
city court shall adopt rules regulating the manner of taking, hearing, and deciding9
such appeals.10
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§2151.4.  Second city court; judge; clerk; constable; jurisdiction12
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E. The second city court shall have jurisdiction over appeals by any person14
aggrieved by a decision of the traffic court concerning a traffic violation enforced by15
the city of New Orleans' automated traffic enforcement system.  Appeals from the16
traffic court shall extend to the law and shall be tried upon the records made and the17
evidence offered in court by the judge to whom the appeal shall be allotted.  Any18
aggrieved person shall file such appeal within thirty days of such decision.  The19
second city court shall adopt rules regulating the manner of taking, hearing, and20
deciding such appeals.21
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§2501.1.  Traffic Court of New Orleans23
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F.  The jurisdiction of this court shall extend to the trial of violations of the25
ordinances of the city of New Orleans regulating traffic within the city of New26
Orleans. The jurisdiction of the court shall further extend to the trial of offenses27
involving traffic and the regulation thereof punishable by state statute including28
violations of the Criminal Code of Louisiana involving traffic and the trial of29
violations relating to street and highway regulatory laws and such other state laws30 ENROLLEDHB NO. 503
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as relate to the operation of a vehicle. The jurisdiction over state traffic offenses1
shall be concurrent with the Criminal District Court for the Parish of Orleans. In2
addition, every prosecution in the Traffic Court of New Orleans under state law shall3
be filed in the court by affidavit or bill of information under the provision of state4
law defining the offense and such prosecution shall be brought by the city attorney5
of New Orleans. The jurisdiction of the court shall further extend to appeals by any6
person aggrieved by an administrative hearing officer's decision concerning a traffic7
violation enforced by the city of New Orleans' automated traffic enforcement system.8
Any aggrieved person shall file such appeal within thirty days after the date of such9
decision. The traffic court shall have de novo review over such appeals.  The traffic10
court shall adopt rules regulating the manner of taking, hearing, and deciding such11
appeals. The traffic court shall have no other jurisdiction, and shall not have12
jurisdiction over the trial of any state offense that now or hereafter may require a trial13
by jury.14
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: