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2016 Regular Session
SENATE BILL NO. 42
BY SENATOR RISER
COURTS. Abolishes the City Court of Winnsboro and establishes the Mayor's Court for the
City of Winnsboro. (1/1/17)
1 AN ACT
2 To amend and reenact Code of Civil Procedure Art. 4843(E), to enact R.S. 33:455 and to
3 repeal R.S. 13:1899(E) and 2115, relative to courts; to abolish the City Court of
4 Winnsboro and the offices thereof; to establish the Mayor's Court for the City of
5 Winnsboro; to provide effective dates; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 33:455 is hereby enacted to read as follows:
8 ยง455. Mayor's court, Winnsboro; establishment; jurisdiction
9 A. Effective January 1, 2017, there is established the Mayor's Court of
10 the City of Winnsboro, the territorial jurisdiction of which shall extend
11 throughout the city.
12 B. Except as provided in Subsection C of this Section, the general
13 provisions of R.S. 33:441 and 442 shall be applicable to and shall govern and
14 regulate the Mayor's Court of the City of Winnsboro and its officers.
15 C. A magistrate shall preside over the mayor's court. Upon request of the
16 mayor, the board of aldermen of the city of Winnsboro shall appoint an
17 attorney as a magistrate who shall serve at the pleasure of the mayor. As
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 42
SLS 16RS-168 ENGROSSED
1 presiding officer of the court, the magistrate shall exercise the powers and
2 authority of the mayor over the court. The magistrate shall receive a salary
3 fixed and paid by the board of aldermen.
4 D. The mayor's court shall have such jurisdiction as provided by law.
5 Section 2. Code of Civil Procedure Article 4843(E) is hereby amended and reenacted
6 to read as follows:
7 Art. 4843. City court jurisdiction; amount in dispute; injunctive actions by
8 state or political subdivision
9 * * *
10 E. In the City Court of Bogalusa, the City Court of Bunkie, the City Court of
11 Eunice, the City Court of Lake Charles, the City Court of Marksville, the City Court
12 of Natchitoches, a city court in New Orleans, the City Court of Opelousas, the City
13 Court of Port Allen, the City Court of Sulphur, and the City Court of Ville Platte,
14 and the City Court of Winnsboro, the civil jurisdiction is concurrent with the district
15 court in cases where the amount in dispute, or the value of the property involved,
16 does not exceed twenty-five thousand dollars.
17 * * *
18 Section 3. R.S. 13:1899(E) and 2115 are hereby repealed in their entirety.
19 Section 4. A. Effective January 1, 2017, the City Court of Winnsboro, Louisiana is
20 abolished and the offices of the judge and marshal of the court are abolished.
21 B. All matters pending in the City Court of Winnsboro, Louisiana on December 31,
22 2016, shall be transferred to the Fifth Judicial District Court effective January 1, 2017.
23 However, this transfer shall not be construed so as to diminish or void the orders or
24 judgments rendered by the city court, nor to permit the modification, set-aside, nullification
25 or avoidance of such judgments and orders, except as provided by law.
26 Section 5. This Act shall become effective on January 1, 2017.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 42
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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.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.