Louisiana 2015 2015 Regular Session

Louisiana Senate Bill SB237 Comm Sub / Analysis

                    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.
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.