HLS 20RS-569 ENGROSSED
2020 Regular Session
HOUSE BILL NO. 638
BY REPRESENTATIVES LANDRY AND FREEMAN
LOCAL GOVT/ORDINANCES: Provides relative to maximum penalties imposed for the
violation of parish and municipal ordinances
1 AN ACT
2To amend and reenact R.S. 33:1243(A)(1) and (B)(1), to enact R.S. 33:1376, and to repeal
3 R.S. 33:1375, relative to parish and municipal ordinances; to provide relative to the
4 violation of such ordinances; to establish maximum penalties for any such violation;
5 to provide exceptions; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 33:1243(A)(1) and (B)(1) are hereby amended and reenacted and
8R.S. 33:1376 is hereby enacted to read as follows:
9 §1243. Maximum penalties
10 A.(1) Except as otherwise provided in this Section, the maximum penalty
11 which may be imposed for a violation of any parish ordinance shall be a fine of five
12 hundred nine hundred fifty dollars and imprisonment of thirty days in the parish jail.
13 A maximum of one hundred hours of community service may be imposed for a
14 violation of any parish ordinance in addition to, or in lieu of, any penalty provided
15 for in this Section.
16 * * *
17 B.(1) In the parish of Jefferson the maximum penalty which may be imposed
18 for a violation of any parish ordinance shall be a fine of five hundred nine hundred
19 fifty dollars and imprisonment of six months in the parish jail.
20 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-569 ENGROSSED
HB NO. 638
1 §1376. Municipal ordinances; violations; maximum penalties
2 Except in the case in which a higher maximum penalty is otherwise
3 authorized by law, the maximum penalty which may be imposed for the violation of
4 any ordinance enacted by the governing authority of a municipality shall be a fine
5 of nine hundred fifty dollars. The maximum penalty established by the provisions
6 of this Section shall not apply to any penalty imposed for a non-moving or parking
7 violation or any other traffic violation, including any violation captured by an
8 automated traffic enforcement system.
9 Section 2. R.S. 33:1375 is hereby repealed in its entirety.
10 Section 3. This Act shall become effective on July 1, 2020; if vetoed by the governor
11and subsequently approved by the legislature, this Act shall become effective on July 1,
122020, or on the day following such approval by the legislature, whichever is later.
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.
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are additions. HLS 20RS-569 ENGROSSED
HB NO. 638
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.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.