Louisiana 2018 2018 Regular Session

Louisiana House Bill HB813 Introduced / Bill

                    HLS 18RS-1041	ORIGINAL
2018 Regular Session
HOUSE BILL NO. 813
BY REPRESENTATIVE GARY CARTER
FAMILY VIOLENCE:  Provides relative to actions filed under the Protection from Stalking
Act
1	AN ACT
2To amend and reenact R.S. 46:2171.1, relative to the jurisdiction of suits filed pursuant to
3 the Protection from Stalking Act; to provide for a court of competent jurisdiction; to
4 provide for referrals; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1.  R.S. 46:2171.1 is hereby amended and reenacted to read as follows: 
7 ยง2171.1.  Jurisdiction; referral
8	A.  Any district, parish, or municipal court in the state of Louisiana which is
9 empowered to hear civil matters shall have jurisdiction over proceedings appropriate
10 to it under this Chapter.
11	B.  If during a proceeding filed pursuant to the provisions of this Chapter, a
12 district court is presented with facts that it considers more appropriate for
13 consideration in a parish or municipal court, the court may order the referral of the
14 case to a parish or municipal court of competent jurisdiction and proper venue. The
15 parish or municipal court shall proceed to hear the matter in the same manner as if
16 it had been filed originally in the parish or municipal court.
Page 1 of 2
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-1041	ORIGINAL
HB NO. 813
DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part
of the legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 813 Original 2018 Regular Session	Gary Carter
Abstract:  Allows suits filed in district court seeking protections from stalking to be
referred to municipal and parish courts.
Present law provides that any district court which is empowered to hear civil matters shall
have jurisdiction over proceedings seeking protections available in cases dealing with
stalking and cyberstalking.  Proposed law further grants jurisdiction over such cases to parish
and municipal courts.
Proposed law provides that if during such a proceeding a district court is presented with facts
that it considers more appropriate for consideration in a parish or municipal court, the court
may order the referral of the case to a parish or municipal court.
 
(Amends R.S. 46:2171.1)
Page 2 of 2
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.