The original instrument was prepared by Jerry J. Guillot. The following digest, which
does not constitute a part of the legislative instrument, was prepared by Benjamin A.
Huxen, II.
DIGEST
SB 42 Engrossed 2016 Regular Session Riser
Present law provides for the City Court of Winnsboro. Provides that in all criminal matters,
including traffic violations, in addition to the costs otherwise provided by present law, and in
addition to the fine or other penalty which may be legally imposed against every defendant who is
convicted after trial or after a plea of guilty or who forfeits his bond, the judge of the city court may
assess a sum not to exceed five dollars as additional costs of court, the proceeds from which shall
be used to defray operational expenses of the court, as may be approved by said judge.
Further provides that when a surplus of filing fees and costs or unclaimed fees and costs has
accumulated in the court's civil fee account and the surplus or unclaimed fees and costs have
remained unclaimed for a period of three years or more, the judge of the court may transfer the
amount of the surplus or the amount of the unclaimed fees and costs to the general operational fund
of the court. This provision does not affect the payment of civil fees to which the judge is entitled
pursuant to present law nor affect any claim or right granted to a claimant by the Uniform Unclaimed
Property Act.
Proposed law repeals present law.
Proposed law creates the Mayor's Court of the City of Winnsboro with territorial jurisdiction
throughout the city. Provides that present law applicable to mayor's court shall govern and regulate
the court and its officers. Provides, at the request of the mayor, for the appointment of an attorney
as magistrate who shall serve at the pleasure of the mayor and receive a salary fixed and paid by the
board.
Proposed law requires that all matters pending in the city court on December 31, 2016 be transferred
to the Fifth Judicial District Court effective January 1, 2017. However, this transfer shall not be
construed so as to diminish or void the orders or judgments rendered by the city court, nor to permit
the modification, set-aside, nullification or avoidance of such judgments and orders, except as
provided by law.
Effective January 1, 2017.
(Amends C.C.P. Art. 4843(E); adds R.S. 33:455 and repeals R.S. 13:1899(E) and 2115)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the original bill 1. Deletes reference to the City Court of Winnsboro in Code of Civil Procedure Art.
4843(E).
2. Provides that upon the request of the mayor, the board of aldermen shall appoint an
attorney who shall serve as magistrate at the pleasure of the mayor and receive a
salary fixed and paid by the board.