Louisiana 2012 Regular Session

Louisiana House Bill HB873 Latest Draft

Bill / Chaptered Version

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ACT No. 502
Regular Session, 2012
HOUSE BILL NO. 873
BY REPRESENTATIVE ARNOLD
AN ACT1
To enact Code of Civil Procedure Article 4850.2 and Section 2 of Chapter 2 of Title 1 of2
Book VIII of the Code of Civil Procedure, to be comprised of Code of Civil3
Procedure Article 4857, relative to the appellate jurisdiction and procedure; to4
provide the Traffic Court of New Orleans with exclusive jurisdiction for appeals5
taken from an administrative hearing for certain traffic violations; to authorize de6
novo review by the traffic court on administrative hearing appeals; to provide the7
First and Second City Court of New Orleans with appellate jurisdiction over appeals8
taken from the Traffic Court of New Orleans for certain traffic violations; to require9
the adoption of rules to implement the procedure for hearing and deciding such10
appeals; to direct the Louisiana State Law Institute to make certain conforming11
technical changes; and to provide for related matters.12
Be it enacted by the Legislature of Louisiana:13
Section 1.  Code of Civil Procedure Article 4850.2 and Section 2 of Chapter 2 of14
Title 1 of Book VIII of the Code of Civil Procedure, comprised of Code of Civil Procedure15
Article 4857, are hereby enacted to read as follows: 16
Art. 4850.2. First City Court and Second City Court of New Orleans; appellate17
jurisdiction18
The First City Court and the Second City Court shall have jurisdiction over19
appeals by any person aggrieved by a decision of the Traffic Court of New Orleans20
concerning a traffic violation enforced by the city of New Orleans' automated traffic21
enforcement system.  Appeals from the traffic court shall extend to the law and the22
facts and shall be tried upon the records made and the evidence offered in court by23
the judge to whom the appeal shall be allotted. Any aggrieved person shall file such24 ENROLLEDHB NO. 873
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appeal within thirty days of such decision. The First City Court and the Second City1
Court shall adopt rules regulating the manner of taking, hearing, and deciding such2
appeals. All traffic violations on appeal shall maintain their status as civil penalties.3
*          *          *4
SECTION 2.  MUNICIPAL AND TRAFFIC COURTS5
Art. 4857.  Traffic Court of New Orleans; appellate jurisdiction6
The Traffic Court of New Orleans shall have exclusive appellate jurisdiction7
of all appeals by any person aggrieved by an administrative hearing officer's decision8
concerning a traffic violation enforced by the city of New Orleans' automated traffic9
enforcement system. Any aggrieved person shall file such appeal within thirty days10
after the date of such decision. The traffic court shall have de novo review over such11
appeals. The traffic court shall adopt rules regulating the manner of taking, hearing,12
and deciding such appeals. All traffic violations on appeal shall maintain their status13
as civil penalties.14
Section 2.(A) The Louisiana State Law Institute is hereby directed to change the15
heading of Chapter 2 of Title I of Book VIII of The Code of Civil Procedure from "CIVIL16
JURISDICTION FOR PARISH AND CITY COURTS" to "CIVIL JURISDICTION".17
(B) The Louisiana State Law Institute is hereby directed to create a Section 1 within18
Chapter 2 of Title I of Book VIII of the Code of Civil Procedure with the heading19
"SECTION 1. PARISH COURTS AND CITY COURTS" to be comprised of Articles 484120
through 4852.21
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: