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Regular Session, 2014
SENATE BILL NO. 232
BY SENATOR MILLS
COURTS. Provides relative to deputy constables. (8/1/14)
AN ACT1
To amend and reenact R.S. 13:2583.1(A) and (C), 2583.2(A) and (B), 2583.3(A), 2583.4(A)2
and (B), 2583.5(A) and (B) and to enact R.S. 13:2583.6, relative to constables; to3
require certain training; to provide relative to the filing of certain oaths of office; to4
authorize a constable of a justice of the peace court in St. Martin Parish to appoint5
a deputy; to provide for compensation; to provide for qualifications of office; to6
provide for residency requirements; to provide for prohibitions; and to provide for7
related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 13:2583.1(A) and (C), 2583.2(A) and (B), 2583.3(A), 2583.4(A) and10
(B), 2583.5(A) and (B) are hereby amended and reenacted and R.S. 13:2583.6 is hereby11
enacted to read as follows:12
§2583.1. Deputies; oath; compensations 13
A. Each duly elected constable of a justice of the peace court in East Baton14
Rouge Parish and Jefferson Parish may appoint as many deputy constables as15
necessary for whose acts he shall be responsible. The deputies before entering upon16
their duties, shall take the oath required by the constitution and the laws of this state17 SB NO. 232
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and meet the requirements of R.S. 40:2402 through 2406. A duplicate copy of the1
oath of office shall be filed with the office of the attorney general within seventy-2
two hours after being administered. Any deputy constable appointed pursuant to3
this Section shall not be entitled to any compensation from any local governing body4
or political subdivision, other than the constable's office, and shall not be entitled to5
any compensation from the state. Each constable may fix the compensation of his6
deputies and clerical forces. He shall pay from the fees generated by his office the7
compensation due all deputies and clerical assistants, the premiums on bonds8
required by him of any deputy in charge of public funds, insurance premiums, if9
provided, and any and all other expenses of any nature whatsoever necessary for the10
performance of all duties required of the deputy. He shall issue monthly or twice per11
month, at his discretion, to employees and deputies warrants or checks for the12
amounts due them.13
* * *14
C. The deputy constables authorized by this Section shall have the same15
qualifications and training as required by law of the constable of the justice of the16
peace court. The deputy constable need not be a resident of the ward from which the17
constable is elected, but he must be a resident of the parish within which the ward18
is located. 19
* * *20
§2583.2. Deputies; oath; compensations; Union Parish21
A. Each duly elected constable of a justice of the peace court in Union Parish22
may appoint one deputy constable, if necessary, for whose acts the constable shall23
be responsible. Before entering upon his duties, each deputy shall take the oath24
required by the constitution and the laws of this state and meet the requirements25
of R.S. 40:2402 through 2406. A duplicate copy of the oath of office shall be26
filed with the office of the attorney general within seventy-two hours after being27
administered. Any deputy constable appointed pursuant to this Section shall not be28
entitled to any compensation from any local governing body or political subdivision,29 SB NO. 232
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other than the constable's office, and shall not be entitled to any compensation from1
the state. Each constable may fix the compensation of his deputy. He shall pay from2
the fees generated by his office the compensation due the deputy, the premiums on3
bonds required by him of a deputy in charge of public funds, insurance premiums,4
if provided, and any and all other expenses of any nature whatsoever necessary for5
the performance of all duties required of the deputy. He shall issue monthly or twice6
per month, at his discretion, to the deputy warrants or checks for the amounts due7
him.8
B. Each deputy constable authorized by this Section shall have the same9
qualifications and training as required by law for a constable of a justice of the10
peace court. The deputy constable need not be a resident of the ward from which the11
constable is elected, but he must be a resident of Union Parish.12
* * *13
§2583.3. Deputies; oath; compensations; Caddo Parish14
A. Each duly elected constable of a justice of the peace court in Caddo Parish15
may appoint one or more deputy constables, if necessary, for whose acts the16
constable shall be responsible. Before entering upon his duties, each deputy shall17
take the oath required by the constitution and the laws of this state and meet the18
requirements of R.S. 40:2402 through 2406. A duplicate copy of the oath of19
office shall be filed with the office of the attorney general within seventy-two20
hours after being administered. Any deputy constable appointed pursuant to this21
Section shall not be entitled to any compensation from any local governing body or22
political subdivision, other than the constable's office, and shall not be entitled to any23
compensation from the state. Each constable may fix the compensation of his deputy24
or deputies. He may pay from the fees generated by his office any compensation due25
to a deputy, the premiums on bonds required by him of a deputy in charge of public26
funds, insurance premiums, and any expenses necessary for the performance of27
duties required of a deputy. He may issue monthly or twice per month, at his28
discretion, warrants or checks for the amounts due to a deputy.29 SB NO. 232
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* * *1
§2583.4. Deputies; oath; compensation; Ascension Parish2
A. Each duly elected constable of a justice of the peace court in Ascension3
Parish may appoint one deputy constable, if necessary, for whose acts the constable4
shall be responsible. Before entering upon his duties, each deputy shall take the oath5
required by the constitution and the laws of this state and meet the requirements6
of R.S. 40:2402 through 2406. A duplicate copy of the oath of office shall be filed7
with the office of the attorney general within seventy-two hours after being8
administered. Any deputy constable appointed pursuant to this Section shall not be9
entitled to any compensation from any local governing body or political subdivision,10
other than the constable's office, and shall not be entitled to any compensation from11
the state. Each constable may fix the compensation of his deputy. He may pay from12
the fees generated by his office any compensation due the deputy, the premiums on13
bonds required by him of a deputy in charge of public funds, insurance premiums,14
and any expenses necessary for the performance of duties required of the deputy. He15
may issue monthly or twice per month, at his discretion, to the deputy warrants or16
checks for the amounts due him.17
B. Each deputy constable authorized by this Section shall have the same18
qualifications and training as required by law for a constable of a justice of the19
peace court. The deputy constable need not be a resident of the ward from which the20
constable is elected, but he must be a resident of Ascension Parish.21
* * *22
§2583.5. Deputies; oath; compensation; Calcasieu Parish23
A. Each duly elected constable of a justice of the peace court in Calcasieu24
Parish may appoint one deputy constable, if necessary, for whose acts the constable25
shall be responsible. Before entering upon his duties, each deputy shall take the oath26
required by the constitution and the laws of this state and meet the requirements27
of R.S. 40:2402 through 2406. A duplicate copy of the oath of office shall be filed28
with the office of the attorney general within seventy-two hours after being29 SB NO. 232
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administered. Any deputy constable appointed pursuant to this Section shall not be1
entitled to any compensation from any local governing body or political subdivision,2
other than the constable's office, and shall not be entitled to any compensation from3
the state. Each constable may fix the compensation of his deputy. He may pay from4
the fees generated by his office any compensation due the deputy, the premiums on5
bonds required by him of a deputy in charge of public funds, insurance premiums,6
and any expenses necessary for the performance of duties required of the deputy. He7
may issue monthly or twice per month, at his discretion, to the deputy warrants or8
checks for the amounts due him.9
B. Each deputy constable authorized by this Section shall have the same10
qualifications and training as required by law for a constable of a justice of the11
peace court. The deputy constable need not be a resident of the ward from which the12
constable is elected, but he must be a resident of Calcasieu Parish.13
* * *14
§2583.6. Deputies; oath; compensation; St. Martin Parish15
A. Each duly elected constable of a justice of the peace court in St.16
Martin Parish may appoint one deputy constable, if necessary, for whose acts17
the constable shall be responsible. Before entering upon his duties, the deputy18
shall take the oath required by the constitution and the laws of this state and19
meet the requirements of R.S. 40:2402 through 2406. A duplicate copy of the20
oath of office shall be filed with the office of the attorney general within seventy-21
two hours after being administered. The deputy constable appointed pursuant22
to this Section shall not be entitled to any compensation from any local23
governing body or political subdivision, other than the constable's office, and24
shall not be entitled to any compensation from the state. Each constable may25
fix the compensation of his deputy. He may pay from the fees generated by his26
office any compensation due the deputy, the premiums on bonds required by27
him of a deputy in charge of public funds, insurance premiums, and any28
expenses necessary for the performance of duties required of the deputy. He29 SB NO. 232
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may issue monthly or twice per month, at his discretion, to the deputy warrants1
or checks for the amounts due him.2
B. The deputy constable authorized by this Section shall have the same3
qualifications and training as required by law for a constable of a justice of the4
peace court. However, a deputy constable need not be a resident of the ward5
from which the constable is elected, but he must be a resident of St. Martin6
Parish.7
C. The provisions of this Section shall have no effect on nor limit the8
authority of a justice of the peace to appoint a special deputy constable pursuant9
to R.S. 13:3477.10
The original instrument was prepared by Michael Bell. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Cathy R. Wells.
DIGEST
Mills (SB 232)
Present law relative to deputy constables in the parishes of Ascension, Caddo, Calcasieu,
East Baton Rouge, Jefferson, and Union, requires each such deputy constable to take an oath
of office before entering upon their duties.
Proposed law retains present law and requires a copy of the oath of office to be filed with
the office of the attorney general within 72 hours after the oath is administered.
Present law requires such deputy constables to have the same qualifications as is required
by law for constables of the justice of the peace courts.
Proposed law retains present law and requires such deputy constables to have the same
training as is required by law for constables of justice of the peace courts.
Proposed law authorizes each duly elected constable of a justice of the peace court in St.
Martin Parish to appoint and to fix the compensation of one deputy constable, for whose acts
the constable shall be responsible.
Proposed law requires a copy of the oath of office to be filed with the office of the attorney
general within 72 hours after the oath is administered.
Present law requires such deputy constables in St. Martin Parish to have the same
qualifications as is required by law for constables of the justice of the peace courts.
Proposed law requires each deputy constable to have the same qualifications and training as
required by law for a constable of a justice of the peace court and be a resident of St. Martin
Parish.
Proposed law prohibits such deputy constable from being paid any compensation from any
local governing body or political subdivision, other than the constable's office, and provides
that such deputy constable shall not be entitled to any compensation from the state. SB NO. 232
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Effective August 1, 2014.
(Amends R.S. 13:2583.1(A) and (C), 2583.2(A) and (B), 2583.3(A), 2583.4(A) and (B), and
2583.5(A) and (B); adds R.S. 13:2583.6)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill
1. Adds provisions relative to deputy constables in the parishes of Ascension,
Caddo, Calcasieu, East Baton Rouge, Jefferson, and Union.
2. Limits to one the number of deputy constables that may be appointed for
each constable of a justice of the peace court in St. Martin Parish.
Senate Floor Amendments to engrossed bill
1. Requires deputy constables in St. Martin Parish to have the same training as
required by law for a constable of a justice of the peace court and requires
a copy of the oath of office to be filed with the office of the attorney general
within 72 hours after the oath is administered.
2. Makes technical corrections.