Louisiana 2012 2012 Regular Session

Louisiana Senate Bill SB174 Chaptered / Bill

                    Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012	ENROLLED
SENATE BILL NO. 174
BY SENATOR MORRELL 
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
such appeal within thirty days after the date of such decision. The traffic court18
shall have de novo review over such appeals. The traffic court shall adopt rules19
regulating the manner of taking, hearing, and deciding such appeals.20
*          *          *21
§2151. Sections of first city court; election of judges; presiding judge; jurisdiction22
*          *          *23
E. The first city court shall have jurisdiction over appeals by any person24
aggrieved by a decision of the traffic court concerning a traffic violation25
enforced by the city of New Orleans' automated traffic enforcement system.26
Appeals from the traffic court shall be on the law and shall be tried upon the27
ACT No.  312 SB NO. 174	ENROLLED
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
records made and the evidence offered in said court by the judge to whom the1
appeal shall be allotted. Any aggrieved person shall file such appeal within2
thirty days of such decision. The first city court shall adopt rules regulating the3
manner of taking, hearing, and deciding such appeals.4
*          *          *5
§2151.4.  Second city court; judge; clerk; constable; jurisdiction6
*          *          *7
E. The second city court shall have jurisdiction over appeals by any8
person aggrieved by a decision of the traffic court concerning a traffic violation9
enforced by the city of New Orleans' automated traffic enforcement system.10
Appeals from the traffic court shall be on the law and shall be tried upon the11
records made and the evidence offered in said court by the judge to whom the12
appeal shall be allotted. Any aggrieved person shall file such appeal within13
thirty days of such decision. The second city court shall adopt rules regulating14
the manner of taking, hearing, and deciding such appeals.15
*          *          *16
§2501.1. Traffic Court of New Orleans17
*          *          *18
F. The jurisdiction of this court shall extend to the trial of violations of the19
ordinances of the city of New Orleans regulating traffic within the city of New20
Orleans. The jurisdiction of the court shall further extend to the trial of offenses21
involving traffic and the regulation thereof punishable by state statute including22
violations of the Criminal Code of Louisiana involving traffic and the trial of23
violations relating to street and highway regulatory laws and such other state laws24
as relate to the operation of a vehicle. The jurisdiction over state traffic offenses shall25
be concurrent with the Criminal District Court for the Parish of Orleans. In addition,26
every prosecution in the Traffic Court of New Orleans under state law shall be filed27
in the court by affidavit or bill of information under the provision of state law28
defining the offense and such prosecution shall be brought by the city attorney of29
New Orleans.  The jurisdiction of the court shall further extend to appeals by30 SB NO. 174	ENROLLED
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
any person aggrieved by an administrative hearing officer's decision concerning1
a traffic violation enforced by the city of New Orleans' automated traffic2
enforcement system. Any aggrieved person shall file such appeal within thirty3
days after the date of such decision. The traffic court shall have de novo review4
over such appeals. The traffic court shall adopt rules regulating the manner of5
taking, hearing, and deciding such appeals. The traffic court shall have no other6
jurisdiction, and shall not have jurisdiction over the trial of any state offense that7
now or hereafter may require a trial by jury.8
*          *          *9
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: