ENROLLED Page 1 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 Page 2 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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: