Amendment vs bill Senate Committee Amendment, #3904, JUDB, Adopted vs Enrolled

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ENROLLED Regular Session HOUSEBILLNO.1252 (SubstituteforHouseBillNo.1165byRepresentativeDeshotel) BY REPRESENTATIVE DESHOTEL AN ACT To amend and reenact R.S.
SCAHB1252 539 3904 SENATE COMMITTEE AMENDMENTS Regular Session AmendmentsproposedbySenateCommitteeonJudiciaryBtoReengrossedHouseBillNo.
13:1952(introductory paragraph) and (7), 2488.51(A) through (C), 2488.57, 2488.58(A), and 2488.59 and to enact R.S.
by Representative Deshotel AMENDMENT NO.
13:2488.51(F) and (G), relative to the city courts of Avoyelles Parish;
1 On page 1, line 3, after "R.S.
to provide for the jurisdiction of the city court of Bunkie;
13:2488.51(F),"and before the comma "," insert "and (G)" AMENDMENT NO.
to provide for the jurisdiction of the city court of Marksville;
2 On page 1, line 12, after "R.S.
to provide for elections;
13:2488.51(F)" delete "is" and insert "and (G) are" AMENDMENT NO.
to provide for the appellate review of justice of the peace decisions;
3 On page 2, line 9, change "Wards" to "wards" AMENDMENT NO.
to provide for the imposition and payment of fees in the city courts of Bunkieand Marksville;to provide for applicability;
4 On page 3, delete lines 16 through 20 AMENDMENT NO.
to provide for an effectivedate;
5 On page 3, between lines 25 and 26, insert the following:
and to provide for related matters.
"G.ThecityjudgeandmarshalofMarksvilleshallbeelectedbythequalified electors of wards one, two, three, four, five, six, and eleven of Avoyelles Parish, Louisiana, at the general election for representatives in Congress, to be held in Louisiana on the first Tuesday next following the first Monday in November, 2026 and every six years thereafter." Page 1 of 1
Be it enacted by the Legislature of Louisiana:
Section 1.
R.S.
13:1952(introductory paragraph) and (7), 2488.51(A) through (C), 2488.57, 2488.58(A), and 2488.59 are hereby amended and reenacted and R.S.
13:2488.51(F) and (G) are herebyenacted to read as follows:
§1952.
Courts created by special legislative Act The following city courts, heretofore created and established by special legislative Act, are hereby recognized and continued in existence and, except as otherwise provided in this Section, their the respective territorial jurisdiction shall extend through the city and ward or wards wherein the city in which they are each courtisdomiciledislocated,assuchboundariesmaybeextendedfromtimetotime:
* * * (7)(a) The City Court of Bunkie, domiciled in the city of Bunkie, parish of Avoyelles, having one city judge and a city marshal;
its territorial jurisdiction shall extendoverallterritorywhichis noworhereafterincludedthroughout wardsseven, eight, nine and ten of the parish of Avoyelles.
The city court shall have a small claims division and shall have concurrent jurisdiction with the Twelfth Judicial Page 1 of 4 CODING:
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HB NO.
1252 ENROLLED District Court in all criminal misdemeanor cases, civil cases with disputes less than fifty thousand dollars, and juvenile matters.
(b) The city judge and marshal of Bunkie shall be elected by the qualified electors of wards seven, eight, nine and ten of Avoyelles Parish, Louisiana, at the general election for representatives in congress, to be held in Louisiana on the first Tuesday next following the first Monday in November, 2026 and every six years thereafter.
* * * §2488.51.
City Court of Marksville;
officials and employees;
jurisdiction;
provisions governing A.
The offices of the justice of the peace and constable in Ward 2 ward two of Avoyelles Parish, Louisiana, the Mayor's Court of the Town of Marksville, Avoyelles Parish, Louisiana, are abolished, and there is hereby created and establishedacourt,tobestyledtheCityCourtoftheTownofMarksville,Louisiana, the territorial jurisdiction of which shall extend throughout the town of Marksville, Louisiana and throughout the whole of Ward 2 wards one, two, three, four, five, six and eleven, Avoyelles Parish, Louisiana.
The court shall be composed of a city judge, a marshal, andaclerkofsaidthecourt.
The officesof cityjudge and marshal shallbefilledinitiallybyappointmentbythegovernor.
Thecourtshallbedomiciled in Marksville, Avoyelles Parish, Louisiana.
B.
The offices of the justice of the peace and constable of Ward 2 of Avoyelles Parish are herebyabolished upon the expiration of the terms of office of the incumbent justices of the peace and constables thereof.
Until the expiration of the terms of office of the incumbent justices of the peace and constables, the jurisdiction of the justice of the peace court shall be exclusive jurisdiction to the extent of the jurisdiction presently vested in the justice of the peace court by the constitution and the laws of this state.
The justice of the peace and constable courts in wards one, three, four, five, six and elevenshall workin conjunctionwith thecity court.
There shall be no justice of the peace or mayor's court in ward two.
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HB NO.
1252 ENROLLED C.
The city judge and marshal appointed by the governor shall serve until their successors are elected bythe qualified electors of Ward 2 of Avoyelles Parish, Louisiana, at the general election for Representatives in Congress, to be held in Louisiana on the first Tuesdaynext following the first Mondayin November, 1974, and their successors shall be elected thereafter in conformity with the provisions of Article VIIofSection 51 of the Louisiana Constitution of 1921 and other applicable provisions of the law.
The city court shall have a small claims division and shall have concurrent jurisdiction with the Twelfth Judicial District Court in all criminal misdemeanor cases, civil cases with disputes less than fifty thousand dollars, and juvenile matters.
* * * F.
All cases appealable from the justice of the peace courts in wards one, three, four, five, six and eleven shall be reviewable and appealable to the city court in the manner as prescribed in the Code of Civil Procedure Article 2081, et seq.
and made a matter of record.
G.ThecityjudgeandmarshalofMarksville shall be electedbythequalified electors of wards one, two, three, four, five, six, and eleven of Avoyelles Parish, Louisiana, at the general election for representatives in Congress, to be held in Louisiana on the first Tuesday next following the first Monday in November, 2026 and every six years thereafter.
* * * §2488.57.
Collection of fines, forfeitures, penalties, and costs A.
The city judge, or any officer of the city court designated by the city judge, shall collect all fines, forfeitures, penalties, and costs, and all funds so collected funds, excluding costs, shall be paid into the town treasuryof the town of Marksville when the prosecution is on behalf of the town, and into the parish treasury when the prosecution is on behalf of the state or the parish.
B.
The city judge may engage a study or seek out grants for the implementation of an online method for the payment of fines and for virtual court Page 3 of 4 CODING:
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HB NO.
1252 ENROLLED appearances.
The expenses for any study are to be paid with proceeds from the court's criminal fund upon the approval of the cityand parish governing authorities.
§2488.58.
Criminal matters;
costs A.
In all criminal matters, including traffic violation cases, the city judge may assess, in addition to the fine or other penalty imposed, costs of court in an amount not to exceed eight twenty dollars.
* * * §2488.59.
Civil matters;
costs In all civil matters,in addition to anyothercostsorfeesprovided bylaw, the city judge may assess an additional cost of court in an amount not to exceed ten twenty dollars, except as otherwise provided bylaw.
Section 2.
Notwithstanding any provision of this Act to the contrary, the expanded territorial jurisdiction and concurrent jurisdiction granted to the City Court of Bunkie and the City Court of Marksville pursuant to this Act shall apply only to causes of action, criminal proceedings, juvenile proceedings, and other matters filed on or after January 1, 2027.
All matters filed prior to January 1, 2027, shall remain in the court where originally filed and shall proceed to conclusion in that court unless otherwise provided bylaw.
Section 3.
This Act shall become effective upon signature bythe governor or, if not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.
If vetoed bythe governor and subsequentlyapprovedbythe legislature, this Act shall become effective on the dayfollowing such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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