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Page 1 of 4CODING: Words in struck through type are deletions from existing law; words underscoredare additions.Regular Session, 2010HOUSE BILL NO. 1289BY REPRESENTATIVE THIERRYCOURTS/JUSTICE OF PEACE: Provides for the appointment of a deputy constableAN ACT
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To amend and reenact R.S. 49:251.1(A), (B), and (G) and to enact R.S. 13:2583.5 and R.S.
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49:251.1(H), relative to the appointment of a deputy constable in St. Landry Parish,
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District 8, Ward 4; to authorize a constable of a justice of the peace court in St.
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Landry Parish to appoint a deputy; to provide for compensation; to provide for
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qualifications of office; to provide for residency requirements; to provide for
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prohibitions; to provide for training applicable to each appointed deputy constable;
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to require notification to the office of the attorney general when a deputy constable
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is appointed; and to provide for related matters.
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Be it enacted by the Legislature of Louisiana:
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Section 1. R.S. 13:2583.5 is hereby enacted to read as follows:
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§2583.5. Deputies; oath; compensation; St. Landry Parish
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A. A duly elected constable of a justice of the peace court in St. Landry
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Parish, District 8, Ward 4, may appoint one deputy constable, if necessary, for whose
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acts the constable shall be responsible. Before engaging in his duties, each deputy
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shall take the oath required by the constitution and the laws of this state. Any deputy
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constable appointed pursuant to the provisions of this Section shall not be entitled
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to any compensation from any local governing body or political subdivision, other
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than the constable's office, and shall not be entitled to any compensation from the
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state. Each constable may fix the compensation of his deputy. He may pay from the
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HLS 10RS-2303
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HB NO. 1289Page 2 of 4CODING: Words in struck through type are deletions from existing law; words underscoredare additions.fees generated by his office any compensation due to the deputy, the premiums on
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bonds required by him of a deputy in charge of public funds, insurance premiums,
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and any expenses necessary for the performance of duties required of the deputy. He
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may issue monthly or twice per month, at his discretion, to the deputy, warrants or
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checks for the amounts due to him.
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B. Each deputy constable authorized by the provisions of this Section shall
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have the same qualifications as required by law for a constable of a justice of the
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peace court. The deputy constable shall be a resident of St. Landry Parish, but need
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not be a resident of the ward from which the constable is elected.
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C. The provisions of this Section shall have no effect on nor limit the
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authority of a justice of the peace to appoint a special deputy constable pursuant to
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the provisions of R.S. 13:3477.
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Section 2. R.S. 49:251.1(A), (B), and (G) are hereby amended and reenacted and
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R.S. 49:251.1(H) is hereby enacted to read as follows:
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§251.1. Justice of the peace training course
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A. The attorney general of the state of Louisiana, within six months from the
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date justices of the peace and constables take office and once a year thereafter and
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within six months from the date a deputy constable is appointed and once a year
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thereafter, shall conduct courses of training and education for persons elected to full
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terms to the offices of justice of the peace and constable or appointed as a deputy
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constable. Such courses of training shall be known as the Justice of the Peace
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Training Course, which may be conducted in various sections of the state at places
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designated by the attorney general.
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B. Newly elected justices of the peace and constables must attend the first
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training course available after they take office. Every deputy constable shall attend
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the first training course available after appointment as a deputy constable. Every
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justice of the peace, and constable, and deputy constable shall attend at least one of
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the training courses every other year, and a justice of the peace or constable who fails
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HLS 10RS-2303
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HB NO. 1289Page 3 of 4CODING: Words in struck through type are deletions from existing law; words underscoredare additions.to do so shall not earn or receive state supplemental pay for his office until he attends
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a course and receives a certificate of completion from the attorney general.
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* * *
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G. At the conclusion of the Justice of the Peace Training Course, the attorney
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general shall present to each justice of the peace, and constable, and deputy constable
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who has attended the full course a certificate of completion prepared by him and
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bearing his signature.
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H. After a constable of a justice of the peace court appoints a deputy
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constable, the constable shall promptly notify the office of the attorney general in
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writing of the appointment and termination of the appointment.
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DIGESTThe digest printed below was prepared by House Legislative Services. It constitutes no partof the legislative instrument. The keyword, one-liner, abstract, and digest do not constitutepart of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]Thierry HB No. 1289
Abstract:
Authorizes a constable of a justice of the peace court in St. Landry Parish,District 8, Ward 4, to appoint one deputy constable and requires training for deputyconstables.Proposed law authorizes a duly elected constable of a justice of the peace court in St. LandryParish, District 8, Ward 4, to appoint one deputy constable.Proposed law authorizes the constable to fix the compensation of his deputy and to pay fromthe fees generated by his office any compensation due to the deputy, the premiums on bondsrequired by him of a deputy in charge of public funds, insurance premiums, and anyexpenses necessary for the performance of duties required of the deputy.Proposed law prohibits a deputy constable from being paid any compensation from any localgoverning body or political subdivision, other than the constable's office, and provides thata deputy constable shall not be entitled to any compensation from the state.Proposed law requires each deputy constable to have the same qualifications as required bylaw for a constable of a justice of the peace court and requires the deputy constable to be aresident of St. Landry Parish.Present law requires the office of the attorney general, within six months from the datejustices of the peace and constables take office and once a year thereafter to conduct coursesof training and education for persons elected to full terms to the offices of justice of thepeace and constable.Present law requires newly elected justices of the peace and constables to attend the firsttraining course available after they take office and to attend at least one of the trainingcourses every other year.
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