Louisiana 2020 2020 Regular Session

Louisiana House Bill HB638 Comm Sub / Analysis

                    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 638 Engrossed	2020 Regular Session	Landry
Abstract:  Increases the maximum penalty that may be imposed for a violation of a parish or
municipal ordinance.
Present law provides that the maximum penalty that may be imposed for the violation of a parish
ordinance is a $500 fine and imprisonment of 30 days in parish jail.  Provides that the maximum
length of imprisonment in Jefferson Parish is six months and authorizes higher penalties for
violations of certain ordinances in East Baton Rouge and Jefferson parishes.  Authorizes imposition
of civil penalties for some violations of waste treatment ordinances. Additionally authorizes
imposition of up to 100 hours of community service, in addition to or in lieu of penalties authorized
by existing law, for a violation of a parish ordinance.
Proposed law instead provides that the maximum penalty that may be imposed for the violation of
any parish ordinance is a fine of $950, except as otherwise provided for by law.  Retains the 30 day
imprisonment provision and the authority granted to the parish to impose community service or
additional civil penalties.  Also retains higher penalties for violations of certain ordinances.
Present law provides that the maximum penalty which may be imposed for the violation of any
ordinance enacted by the governing authority of the city of New Orleans is a fine of $500 for a first
offense violation and $1,000 for the second or any subsequent offense. Provides that the maximum
penalties do not apply to penalties imposed for non-moving or parking violations or other traffic
violations, including those captured by an automated traffic enforcement system.
Proposed law repeals present law and provides instead that the maximum penalty which may be
imposed for the violation of municipal ordinances statewide is a fine of $950, unless a higher
maximum penalty is otherwise authorized by law.  Provides that the maximum penalties do not apply
to penalties imposed for non-moving or parking violations or other traffic violations, including those
captured by an automated traffic enforcement system.
Effective July 1, 2020.
(Amends R.S. 33:1243(A)(1) and (B)(1); Adds R.S. 33:1376; Repeals R.S. 33:1375)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Municipal, Parochial and
Cultural Affairs to the original bill: 1. Change the maximum penalty that may be imposed for the violation of any parish or
municipal ordinance from a fine of $5,000 to $950 and adds exceptions in cases in which
a higher maximum penalty is otherwise authorized by law.
2. Retain present law regarding higher penalties for certain violations.