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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 for the jurisdictional limitation of certain city courts and the authority
of constables of the First and Second City Court of New Orleans and their deputies. (gov sig)
1 AN ACT
2 To amend and reenact Code of Civil Procedure Article 4843 (C) and (E) and R.S. 13:1311,
3 2154, and 2163, relative to courts of limited jurisdiction; to provide relative to the
4 civil jurisdiction concurrent with the district court in cases where the amount in
5 dispute, or the value of the property involved, does not exceed certain amounts; to
6 provide for the jurisdictional amount in dispute in certain city courts; to provide for
7 the jurisdictional amount in dispute in the City Court of Ville Platte; to provide for
8 the powers and duties of the constables of the First and Second City Courts of New
9 Orleans and the exemption from liability for the actions of the constables and their
10 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) and (E) are hereby amended and
13 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 Section 2. R.S. 13:1311, 2154, and 2163 are hereby amended and reenacted to read
15 as follows:
16 §1311. Sheriff, constables, and deputies; powers of peace officers; exemption from
17 liability
18 A. The sheriff for the parish of Orleans and the constables of the First and
19 Second City Courts of New Orleans and their his deputies, are hereby granted the
20 powers of peace officers when carrying out the duties of the court, and are authorized
21 to require incarceration of the subject involved in any of the city, parish or state
22 prisons, precinct stations, or houses of detention in the parish of Orleans. They shall
23 be exempt from liability for their actions in the exercise of this power in the same
24 manner and fashion as liability is excluded generally for peace officers of this state
25 and political subdivisions.
26 B. The constables of the First and Second City Courts of New Orleans
27 and their deputies are hereby granted the powers of peace officers when acting
28 under the direction and control of the constables and when carrying out the
29 duties of the court, and are authorized to require incarceration of the subject
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1 involved in any of the city, parish or state prisons, precinct stations, or houses
2 of detention in the parish of Orleans. They shall be exempt from liability for
3 their actions in the exercise of this power in the same manner and fashion as
4 liability is excluded generally for peace officers of this state and political
5 subdivisions.
6 * * *
7 §2154. Powers of clerks and constables; constables of First and Second City
8 Courts of New Orleans
9 A. In civil matters, the clerks and constables of the city courts of New
10 Orleans have the same powers and duties as provided by the applicable provisions
11 of law for clerks and marshals of city courts generally.
12 B.(1) Notwithstanding any provision of law to the contrary, the
13 constables of the First and Second City Courts of New Orleans and their
14 deputies, under the direction and control of the constables, shall have the same
15 power to make arrests in and upon the property within the jurisdiction of the
16 constables' offices and shall have all the powers of sheriffs as a peace officer in
17 all places and on all premises under the jurisdiction and control of the
18 constables, including execution of the mandates of the court.
19 (2) Any person arrested by a deputy of the constables shall be forthwith
20 surrendered or delivered to the sheriff of the parish of Orleans. However, this
21 shall in no way prevent the New Orleans city police or the sheriff of the parish
22 of Orleans or a deputy thereof from making arrests.
23 (3) The constables shall make rules and regulations for the conduct,
24 management, and control of their deputies and shall from time to time enlarge,
25 modify, or change such rules and regulations in their discretion.
26 * * *
27 §2163. Sheriff, constables, and deputies; powers of peace officers; exemption from
28 liability
29 A. The civil sheriff for the parish of Orleans and the constables of the First
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1 and Second City Courts of New Orleans and their his deputies, are hereby granted
2 the powers of peace officers when carrying out the duties of the court, and are
3 authorized to require incarceration of the subject involved in any of the city, parish
4 or state prisons, precinct stations, or houses of detention in the parish of Orleans.
5 They shall be exempt from liability for their actions in the exercise of this power in
6 the same manner and fashion as liability is excluded generally for peace officers of
7 this state and political subdivisions.
8 B. The constables of the First and Second City Courts of New Orleans
9 and their deputies are hereby granted the powers of peace officers when acting
10 under the direction and control of the constables and when carrying out the
11 duties of the court, and are authorized to require incarceration of the subject
12 involved in any of the city, parish or state prisons, precinct stations, or houses
13 of detention in the parish of Orleans. They shall be exempt from liability for
14 their actions in the exercise of this power in the same manner and fashion as
15 liability is excluded generally for peace officers of this state and political
16 subdivisions.
17 Section 3. This Act shall become effective upon signature by the governor or, if not
18 signed by the governor, upon expiration of the time for bills to become law without signature
19 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
20 vetoed by the governor and subsequently approved by the legislature, this Act shall become
21 effective on the day following such approval.
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 Thomas L. Tyler.
DIGEST
SB 237 Reengrossed 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
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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 retains these provisions except as to the City Court of Ville Platte and provides
that the City Court of Ville Platte has civil jurisdiction 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 provides that the sheriff of 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 constables of the First and Second City Court of New Orleans
and their deputies be granted the powers of peace officers when acting under the discretion
and control of the constables 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. Provides that they
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.
Proposed law retains present law and adds that the constables of the First and Second City
Court of New Orleans and their 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 constables' offices 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 requires that any person arrested by a deputy of
the constable be forthwith surrendered or delivered to the sheriff of the parish of Orleans and
that this shall not prevent the New Orleans city police or the sheriff of the parish of Orleans
or a deputy from making arrests. Requires that the constable make rules and regulation for
the conduct, management, and control of their deputies and may from time to time enlarge,
modify, or change such rules and regulations.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends C.C.P. Art. 4843(C) and (E) 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.
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2. Modified changing jurisdiction of a city court in New Orleans from $25K to
$35K instead of $50K.
3. Added provisions relative to constables.
Senate Floor Amendments to engrossed bill
1. Expands application of proposed law to the constable of the Second City
Court of New Orleans.
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