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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 174
BY SENATOR MORRELL
COURTS. Provides relative to appeals by persons from traffic violations enforced by the
city of New Orleans' automated traffic enforcement system. (8/1/12)
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
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 13:2501.1(F) is hereby amended and reenacted and R.S. 13:1337(C)10
2151(E) and 2151.4(E) are hereby enacted to read as follows: 11
§1337. Appellate and supervisory jurisdiction; writs12
* * *13
C. The Traffic Court of New Orleans shall have exclusive appellate14
jurisdiction of all appeals by any person aggrieved by an administrative hearing15
officer's decision concerning a traffic violation enforced by the city of New16
Orleans' automated traffic enforcement system. Any aggrieved person shall file17 SB NO. 174
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
such appeal within thirty days after the date of such decision. The traffic court1
shall have de novo review over such appeals. The traffic court shall adopt rules2
regulating the manner of taking, hearing, 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 violation8
enforced by the city of New Orleans' automated traffic enforcement system.9
Appeals from the traffic court shall be on the law and the facts and shall be10
tried upon the records made and the evidence offered in said court by the judge11
to whom the appeal shall be allotted. Any aggrieved person shall file such12
appeal within thirty days of such decision. The first city court shall adopt rules13
regulating the manner of taking, 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 any18
person aggrieved by a decision of the traffic court concerning a traffic violation19
enforced by the city of New Orleans' automated traffic enforcement system.20
Appeals from the traffic court shall be on the law and the facts and shall be21
tried upon the records made and the evidence offered in said court by the judge22
to whom the appeal shall be allotted. Any aggrieved person shall file such23
appeal within thirty days of such decision. The second city court shall adopt24
rules regulating the manner of taking, hearing, and deciding such appeals.25
* * *26
§2501.1. Traffic Court of New Orleans27
* * *28
F. The jurisdiction of this court shall extend to the trial of violations of the29 SB NO. 174
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words in boldface type and underscored are additions.
ordinances of the city of New Orleans regulating traffic within the city of New1
Orleans. The jurisdiction of the court shall further extend to the trial of offenses2
involving traffic and the regulation thereof punishable by state statute including3
violations of the Criminal Code of Louisiana involving traffic and the trial of4
violations relating to street and highway regulatory laws and such other state laws5
as relate to the operation of a vehicle. The jurisdiction over state traffic offenses shall6
be concurrent with the Criminal District Court for the Parish of Orleans. In addition,7
every prosecution in the Traffic Court of New Orleans under state law shall be filed8
in the court by affidavit or bill of information under the provision of state law9
defining the offense and such prosecution shall be brought by the city attorney of10
New Orleans. The jurisdiction of the court shall further extend to appeals by11
any person aggrieved by an administrative hearing officer's decision concerning12
a traffic violation enforced by the city of New Orleans' automated traffic13
enforcement system. Any aggrieved person shall file such appeal within thirty14
days after the date of such decision. The traffic court shall have de novo review15
over such appeals. The traffic court shall adopt rules regulating the manner of16
taking, hearing, and deciding such appeals. The traffic court shall have no other17
jurisdiction, and shall not have jurisdiction over the trial of any state offense that18
now or hereafter may require a trial by jury.19
* * *20
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
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. SB NO. 174
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored 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 be on the law and the
facts and shall be tried upon the records made and the evidence offered in traffic court.
Effective August 1, 2012.
(Amends R.S. 13:2501.1(F); adds R.S. 13:1337(C), 2151(E) and 2151.4(E))