Louisiana 2014 Regular Session

Louisiana Senate Bill SB644 Latest Draft

Bill / Introduced Version

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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, 2014
SENATE BILL NO. 644
BY SENATOR WARD 
ROADS/HIG HWAYS.  Provides relative to disposition of traffic citations on state highways.
(8/1/14)
AN ACT1
To amend and reenact R.S. 32:398.2(A) and (B), relative to motor vehicles; to provide with2
respect to the disposition of traffic citations issued on certain highways in the state;3
to provide for exceptions; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 32:398.2(A) and (B) are hereby amended and reenacted to read as6
follows: 7
ยง398.2. Disposition of traffic citations; citations on a highway in the state;8
unlawful acts; records9
A.(1) Except as provided for in Paragraph (2) of this Subsection, each10
traffic enforcement officer upon issuing a traffic citation to an alleged violator of any11
provision of the motor vehicle laws of this state or of any traffic ordinance of any12
city or town on a highway in the state shall deposit the original citation or a copy13
of such traffic citation with a state district court having jurisdiction over the alleged14
offense or with the appropriate traffic violations bureau.  As used in this15
Subsection, the phrase "highway in the state" means a highway in this state16
which is in the system of state highways created and established in R.S. 48:19117 SB NO. 644
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
and all federal highways and interstates.1
(2) In the municipalities of Alexandria, Baton Rouge, Bossier City,2
Grand Isle, Kenner, Lafayette, Lake Charles, Metairie, Monroe, New Orleans,3
and Shreveport, or if the citation is issued for a violation not on a highway in the4
state, a traffic enforcement officer shall deposit the original citation or a copy5
of such traffic citation with a court having jurisdiction over the alleged offense6
or with the appropriate traffic violations bureau. However, a citation for a7
violation of R.S. 32:80(A) shall be deposited only with a court and not with a traffic8
violations bureau.9
B. Upon the deposit of the original citation or a copy of the traffic citation as10
required by Subsection A of this Section either with a court having jurisdiction11
over the alleged offense or with the traffic violations bureau as set forth herein, the12
original citation or copy of such traffic citation shall be disposed of only by trial in13
the court of proper jurisdiction or any other official action by a judge of the court,14
including forfeiture of the bail, or by the deposit of sufficient bail with the traffic15
violations bureau or payment of a fine to said bureau by the person to whom such16
traffic citation has been issued. However, a citation or its copy alleging a violation17
of R.S. 32:80(A) shall be disposed of only by trial or acceptance of a plea in open18
court.19
*          *          *20
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
Ward (SB 644)
Present law requires each traffic enforcement officer to deposit the original citation or a copy
of each traffic citation with a "court" having jurisdiction over the alleged offense or with the
appropriate "traffic violations bureau". However, a citation for a violation of R.S. 32:80(A)
must be deposited only with a court and not with a traffic violations bureau. 
Proposed law deletes the authorization in present law to deposit the citation with a "court"
or with a "traffic violations bureau" if the citation is issued to a violator on a "highway in the
state" and instead requires deposit specifically in a state district court.  "Highway in the
state" is defined as a highway in this state which is in the system of state highways created
and established in R.S. 48:191 and all federal highways and interstates. SB NO. 644
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
However, the provision in present law requiring deposit with a "court" or with a "traffic
violations bureau" is retained for the municipalities of Alexandria, Baton Rouge, Bossier
City, Grand Isle, Kenner, Lafayette, Lake Charles, Metairie, Monroe, New Orleans, and
Shreveport, or if the citation is issued for a violation not on a "highway in the state" as
defined in the proposed law.
Effective August 1, 2014.
(Amends R.S. 32:398.2(A) and (B))