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2015 Regular Session
SENATE BILL NO. 237
BY SENATOR MURRAY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
COURTS. Provides relative to the jurisdictional limitation of certain city courts and to the
constable of the first city court of New Orleans and his deputies. (gov sig)
1 AN ACT
2 To amend and reenact Code of Civil Procedure Article 4843 (C), (E), and (G) and R.S.
3 13:1311, 2154, and 2163, relative to courts of limited jurisdiction; to provide relative
4 to the civil jurisdiction concurrent with the district court in cases where the amount
5 in dispute, or the value of the property involved, does not exceed certain amounts;
6 to provide for the jurisdictional amount in dispute in certain city courts; to provide
7 for the jurisdictional amount in dispute in a city court in New Orleans and the City
8 Court of Ville Platte; to provide for the powers and duties of the constable of the
9 First City Court of New Orleans and the exemption from liability for the actions of
10 the constable and his deputies; and to provide for related matters.
11 Be it enacted by the Legislature of Louisiana:
12 Section 1. Code of Civil Procedure Article 4843 (C), (E), and (G) are hereby
13 amended and reenacted to read as follows:
14 Art. 4843. City court jurisdiction; amount in dispute; injunctive actions by state or
15 political subdivision
16 * * *
17 C. In the City Court of Bossier City, the City Court of Ville Platte, and any
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1 city court in which the population of the territorial jurisdiction is less than fifty
2 thousand, except as otherwise specifically provided by law, the civil jurisdiction is
3 concurrent with the district court in cases where the amount in dispute, or the value
4 of the property involved, does not exceed fifteen thousand dollars.
5 * * *
6 E. In the City Court of Bogalusa, the City Court of Bunkie, the City Court of
7 Eunice, the City Court of Lake Charles, the City Court of Marksville, the City Court
8 of Natchitoches, a city court in New Orleans, the City Court of Opelousas, the City
9 Court of Port Allen, the City Court of Sulphur, the City Court of Ville Platte, and
10 the City Court of Winnsboro, the civil jurisdiction is concurrent with the district
11 court in cases where the amount in dispute, or the value of the property involved,
12 does not exceed twenty-five thousand dollars.
13 * * *
14 G. In the City Court of Abbeville, the City Court of Baker, the City Court of
15 Baton Rouge, the City Court of Kaplan, the City Court of Leesville, the City Court
16 of Minden, a city court in New Orleans, the City Court of Plaquemine, the City
17 Court of Shreveport, the City Court of Springhill, and the City Court of Zachary, the
18 civil jurisdiction is concurrent with the district court in cases where the amount in
19 dispute, or the value of the property involved, does not exceed thirty-five thousand
20 dollars.
21 * * *
22 Section 2. R.S. 13:1311, 2154, and 2163 are hereby amended and reenacted to read
23 as follows:
24 §1311. Sheriff, constables, and deputies; powers of peace officers; exemption from
25 liability
26 A. The sheriff for the parish of Orleans and the constables of the First and
27 Second City Courts of New Orleans and their his deputies, are hereby granted the
28 powers of peace officers when carrying out the duties of the court, and are authorized
29 to require incarceration of the subject involved in any of the city, parish or state
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1 prisons, precinct stations, or houses of detention in the parish of Orleans. They shall
2 be exempt from liability for their actions in the exercise of this power in the same
3 manner and fashion as liability is excluded generally for peace officers of this state
4 and political subdivisions.
5 B. The constable of the First City Court of New Orleans and his deputies
6 are hereby granted the powers of peace officers when acting under the
7 discretion and control of the constable and when carrying out the duties of the
8 court, and are authorized to require incarceration of the subject involved in any
9 of the city, parish or state prisons, precinct stations, or houses of detention in
10 the parish of Orleans. They shall be exempt from liability for their actions in
11 the exercise of this power in the same manner and fashion as liability is
12 excluded generally for peace officers of this state and political subdivisions.
13 * * *
14 §2154. Powers of clerks and constables; constable of First City Court of New
15 Orleans
16 A. In civil matters, the clerks and constables of the city courts of New
17 Orleans have the same powers and duties as provided by the applicable provisions
18 of law for clerks and marshals of city courts generally.
19 B.(1) Notwithstanding any provision of law to the contrary, the constable
20 of the First City Court of New Orleans and his deputies, under the discretion
21 and control of the constable, shall have the same power to make arrests, in and
22 upon the property within the jurisdiction of the constable's office and shall have
23 all the powers of sheriffs as a peace officer in all places and on all premises
24 under the jurisdiction and control of the constable, as well as to execute the
25 mandates of the court.
26 (2) Any person arrested by a deputy of the constable shall be forthwith
27 surrendered or delivered to the sheriff of the parish of Orleans. However, this
28 shall in no way deprive the New Orleans city police or the sheriff of the parish
29 of Orleans of a deputy thereof from making arrests.
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1 (3) The constable shall make rules and regulations for the conduct,
2 management, and control of his deputies and shall from time to time enlarge,
3 modify, or change such rules and regulations in his discretion.
4 * * *
5 §2163. Sheriff, constables, and deputies; powers of peace officers; exemption from
6 liability
7 A. The civil sheriff for the parish of Orleans and the constables of the First
8 and Second City Courts of New Orleans and their his deputies, are hereby granted
9 the powers of peace officers when carrying out the duties of the court, and are
10 authorized to require incarceration of the subject involved in any of the city, parish
11 or state prisons, precinct stations, or houses of detention in the parish of Orleans.
12 They shall be exempt from liability for their actions in the exercise of this power in
13 the same manner and fashion as liability is excluded generally for peace officers of
14 this state and political subdivisions.
15 B. The constable of the First City Court of New Orleans and his deputies
16 are hereby granted the powers of peace officers when acting under the
17 discretion and control of the constable and when carrying out the duties of the
18 court, and are authorized to require incarceration of the subject involved in any
19 of the city, parish or state prisons, precinct stations, or houses of detention in
20 the parish of Orleans. They shall be exempt from liability for their actions in
21 the exercise of this power in the same manner and fashion as liability is
22 excluded generally for peace officers of this state and political subdivisions.
23 Section 3. This Act shall become effective upon signature by the governor or, if not
24 signed by the governor, upon expiration of the time for bills to become law without signature
25 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
26 vetoed by the governor and subsequently approved by the legislature, this Act shall become
27 effective on the day following such approval.
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The original instrument was prepared by Angela Lockett De Jean. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Jerry G. Jones.
DIGEST
SB 237 Engrossed 2015 Regular Session Murray
Present law relative to courts of limited jurisdiction provides that in the City Court of
Bossier City, the City Court of Ville Platte, and any city court in which the population of the
territorial jurisdiction is less than fifty thousand, except as otherwise specifically provided
by law, the civil jurisdiction is concurrent with the district court in cases where the amount
in dispute, or the value of the property involved, does not exceed $15,000.
Present law further provides that in the City Court of Bogalusa, the City Court of Bunkie,
the City Court of Eunice, the City Court of Lake Charles, the City Court of Marksville, the
City Court of Natchitoches, a city court in New Orleans, the City Court of Opelousas, the
City Court of Port Allen, the City Court of Sulphur, and the City Court of Winnsboro, the
civil jurisdiction is concurrent with the district court in cases where the amount in dispute,
or the value of the property involved, does not exceed $25,000.
Present law also provides that in the City Court of Abbeville, the City Court of Baker, the
City Court of Baton Rouge, the City Court of Kaplan, the City Court of Leesville, the City
Court of Minden, the City Court of Plaquemine, the City Court of Shreveport, the City Court
of Springhill, and the City Court of Zachary, the civil jurisdiction is concurrent with the
district court in cases where the amount in dispute, or the value of the property involved,
does not exceed $35,000.
Proposed law provides that the civil jurisdiction is concurrent with the district court in cases
where the amount in dispute, or the value of the property involved for the City Court of Ville
Platte does not exceed $25,000.
Proposed law further provides that the civil jurisdiction is concurrent with the district court
in cases where the amount in dispute, or the value of the property involved for a city court
in New Orleans does not exceed $35,000.
Present law provides that the sheriff or the parish of Orleans and the constables of the First
and Second City Courts of New Orleans and their deputies are granted the powers of peace
officers, including requirement of incarceration of subjects and exemption from liability for
official actions.
Proposed law provides that the sheriff for the parish of Orleans and the constable of the
Second City Court of New Orleans and his deputies, are hereby granted the powers of peace
officers when carrying out the duties of the court, including requirement of incarceration of
subjects and exemption from liability for official actions.
Proposed law further provides that the constable of the First City Court of New Orleans and
his deputies are hereby granted the powers of peace officers when acting under the discretion
and control of the constable and when carrying out the duties of the court, and are authorized
to require incarceration of the subject involved in any of the city, parish or state prisons,
precinct stations, or houses of detention in the parish of Orleans. They shall be exempt from
liability for their actions in the exercise of this power in the same manner and fashion as
liability is excluded generally for peace officers of this state and political subdivisions.
Present law provides that in civil matters, the clerks and constables of the city courts of New
Orleans have the same powers and duties as provided by the applicable provisions of law for
clerks and marshals of city courts generally.
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Proposed law retains present law and adds that the constable of the First City Court of New
Orleans and his deputies, under the discretion and control of the constable, shall have the
same power to make arrests, in and upon the property within the jurisdiction of the
constable's office and shall have all the powers of sheriffs as a peace officer in all places and
on all premises under the jurisdiction and control of the constable, as well as to execute the
mandates of the court. Further provides that any person arrested by a deputy of the constable
shall be forthwith surrendered or delivered to the sheriff of the parish of Orleans. However,
this shall in no way deprive the New Orleans city police or the sheriff of the parish of
Orleans of a deputy thereof from making arrests. Also provides that the constable shall make
rules and regulation for the conduct, management, and control of his deputies and shall from
time to time enlarge, modify, or change such rules and regulations in his discretion.
Present law provides that the civil sheriff for the parish of Orleans and the constables of the
First and Second City Courts of New Orleans and their deputies are granted the powers of
peace officers when carrying out the duties of the court, including requiring incarceration
of subjects and exemption from liability as provided for peace officers.
Proposed law provides that the sheriff for the parish of Orleans and the constable of the
Second City Court of New Orleans and his deputies are hereby granted the powers of peace
officers when carrying out the duties of the court, including requiring incarceration of
subjects and exemption from liability as provided for peace officers.
Proposed law further provides that the constable of the First City Court of New Orleans and
his deputies are granted the powers of peace officers when acting under the discretion and
control of the constable and when carrying out the duties of the court, and are authorized to
require incarceration of the subject involved in any of the city, parish or state prisons,
precinct stations, or houses of detention in the parish of Orleans. They shall be exempt from
liability for their actions in the exercise of this power in the same manner and fashion as
liability is excluded generally for peace officers of this state and political subdivisions.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends C.C.P. Art. 4843(C), (E), and (G) and R.S. 13:1311, 2154, and 2163)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Added changing City Court of Ville Platte jurisdiction from $15K to $25K.
2. Modified changing jurisdiction of a city court in New Orleans from $25K to
$35K instead of $50K.
3. Added provisions relative to constables.
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