Louisiana 2022 Regular Session

Louisiana House Bill HB393 Latest Draft

Bill / Introduced Version

                            HLS 22RS-668	ORIGINAL
 2022 Regular Session
HOUSE BILL NO. 393
BY REPRESENTATIVE LANDRY
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), to enact R.S. 33:1243(D) and 1377, 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; to provide for an effective date; and to provide for related
6 matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1.  R.S. 33:1243(A)(1) is hereby amended and reenacted and R.S.
933:1243(D) and 1377 are hereby enacted to read as follows:
10 §1243.  Maximum penalties
11	A.(1)  Except as otherwise provided in this Section, the maximum penalty
12 which may be imposed for violation of any parish ordinance shall be a fine of five
13 hundred nine hundred fifty dollars and imprisonment of thirty days in the parish jail. 
14 A maximum of one hundred hours of community service may be imposed for a
15 violation of any parish ordinance in addition to, or in lieu of, any penalty provided
16 for in this Section.
17	*          *          *
18	D.  Notwithstanding any other provision of this Section to the contrary, the
19 maximum penalty imposed by a parish governing authority for a violation of a
20 criminal ordinance shall not exceed the maximum penalty authorized for a
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CODING:  Words in struck through type are deletions from existing law; words underscored
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HB NO. 393
1 comparable criminal offense pursuant to Title 14 of the Louisiana Revised Statutes
2 of 1950.
3	*          *          *
4 §1377.  Municipal ordinances; violations; maximum penalties
5	A.  Except in a case in which a higher maximum penalty is otherwise
6 authorized by law, the maximum penalty that may be imposed for the violation of
7 any ordinance enacted by the governing authority of a municipality shall be a fine
8 of nine hundred fifty dollars.  The maximum penalty established by the provisions
9 of this Section shall not apply to any penalty imposed for a non-moving or parking
10 violation or any other traffic violation, including any violation captured by an
11 automated traffic enforcement system.
12	B.  Notwithstanding the provisions of Subsection A of this Section, the
13 maximum penalty imposed by a municipal governing authority for a violation of a
14 criminal ordinance shall not exceed the maximum penalty authorized for a
15 comparable criminal offense pursuant to Title 14 of the Louisiana Revised Statutes
16 of 1950.
17 Section 2.  R.S. 33:1375 is hereby repealed in its entirety.
18 Section 3.  This Act shall become effective upon signature by the governor or, if not
19signed by the governor, upon expiration of the time for bills to become law without signature
20by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If
21vetoed by the governor and subsequently approved by the legislature, this Act shall become
22effective on the day following such approval.
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 393 Original 2022 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.  Authorizes the
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CODING:  Words in struck through type are deletions from existing law; words underscored
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HB NO. 393
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.  Limits the maximum penalty imposed by a parish governing authority
for a violation of a criminal ordinance to the maximum penalty authorized for a comparable
criminal offense pursuant to present law (Title 14 of the La. Revised Statutes of 1950).
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 statewide maximum penalty
which may be imposed for the violation of municipal ordinances 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. 
Limits the maximum penalty imposed by a municipal governing authority for a violation of
a criminal ordinance to the maximum penalty authorized for a comparable criminal offense
pursuant to present law (Title 14 of the La. Revised Statutes of 1950).
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 33:1243(A)(1); Adds R.S. 33:1243(D) and 1377; Repeals R.S. 33:1375)
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.