Louisiana 2025 2025 Regular Session

Louisiana House Bill HB409 Introduced / Bill

                    HLS 25RS-886	ORIGINAL
2025 Regular Session
HOUSE BILL NO. 409
BY REPRESENTATIVE LAFLEUR
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
COURTS/COMMISSIONERS:  Provides relative to court commissioners of the 19th JDC
1	AN ACT
2To amend and reenact R.S. 13:713(A) and (B)(2)(e) and (l) and (3)(d) and to repeal R.S.
3 13:713(B)(2)(m), relative to court commissioners of the 19th Judicial District Court;
4 to provide for the powers and duties of the commissioners; and to provide for related
5 matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1.  R.S. 13:713(A) and (B)(2)(e) and (l) and (3)(d) are hereby amended and
8reenacted to read as follows:
9 ยง713.  Commissioners; duties; powers; contempt 
10	A.  Commissioners of the Nineteenth Judicial District Court shall perform
11 such duties as are assigned to them by the chief judge of the district in accordance
12 with rules which shall be prescribed by the elected judges of the court, not
13 inconsistent herewith or with the constitution and laws of the state.  Such duties shall
14 include but shall not be limited to hearing and recommendation of disposition, when
15 necessary, of any civil, criminal, or domestic violence matter which may be assigned
16 by rule of court or by any judge of the Nineteenth Judicial District Court and hearing
17 and recommendation of disposition, when necessary, of criminal and civil
18 proceedings arising out of the incarceration of state prisoners.  In such proceedings,
19 the commissioners may hold hearings at the facilities where the state prisoners are
20 incarcerated.
Page 1 of 3
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-886	ORIGINAL
HB NO. 409
1	B.
2	*          *          *
3	(2)  In criminal matters, the powers and duties of the commissioners shall
4 include but are not limited to the power to:
5	*          *          *
6	(e)  Hear and dispose of preliminary motions prior to filing the bill of
7 information or indictment and make recommendations, when necessary, to the
8 district judge.
9	*          *          *
10	(l)  Review and act on petitions for protective orders and matters of domestic
11 violence, including the issuance of temporary orders of protection and temporary
12 restraining orders, until such time as hearings may be conducted on the matters. 
13 Issue protective orders if a condition of bail or if required by statute.
14	*          *          *
15	(3)  In civil matters, the powers and duties of the commissioners shall include
16 but are not limited to the power to:
17	*          *          *
18	(d)  Conduct hearings regarding protective orders and make
19 recommendations to the appropriate district judge for issuance of a preliminary or
20 permanent injunction.
21	*          *          *
22 Section 2.  R.S. 13:713(B)(2)(m) is hereby repealed in its entirety.
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 409 Original 2025 Regular Session	LaFleur
Abstract:  Clarifies that certain powers and duties of commissioners of the 19th JDC shall
be assigned only when necessary or is a condition of bail or is required by statute.
Removes certain powers and duties of the commissioners with regard to hearings for
protective order injunctions as well as the administration of oaths, affidavits, and
protective orders.
Page 2 of 3
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-886	ORIGINAL
HB NO. 409
Present law provides that the duties of a commissioner of the 19th JDC shall include
hearings and making recommendations of dispositions of any civil, criminal, or domestic
violence matter assigned to any judge of the 19th JDC.
Proposed law retains present law but clarifies that these duties shall only be assigned when
necessary.
Present law provides that in criminal matters the commissioners may hear preliminary
motions prior to filing the bill of information or indictment and may make recommendations
to the district judge.
Proposed law retains present law and further provides that the commissioner may dispose
of preliminary motions but may only hear and dispose of preliminary motions when
necessary.
Present law provides that a commissioner may review and act on petitions for protective
orders and matters of domestic violence, including the issuance of a temporary order of
protection or restraint until a hearing may be conducted.
Proposed law changes present law to provide that a commissioner may issue a protective
order if the protective order is a condition of bail or is required by statute.
Present law provides that a commissioner may administer oaths, take acknowledgments,
affidavits and depositions, review and act on petitions for protective orders, conduct hearings
regarding protective orders, and make recommendations to the district judge for the issuance
of a preliminary or permanent injunction.
Proposed law retains present law but repeals the authority of the commissioner to make
recommendations to the district judge for the issuance of a preliminary or permanent
injunction.
Present law provides that a commissioner may conduct hearings on protective orders and
make recommendations to the district judge for the issuance of a preliminary or permanent
injunction.
Proposed law repeals present law.
(Amends R.S. 13:713(A) and (B)(2)(e) and (l) and (3)(d); Repeals R.S. 13:713(B)(2)(m))
Page 3 of 3
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.