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Terms Used In Louisiana Revised Statutes 40:1291.22

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Summons: Another word for subpoena used by the criminal justice system.

            A.(1) Any violation of any prohibition in La. Rev. Stat. 40:1291.11(A) may be cited by any law enforcement officer by the issuance of a citation and summons to appear before a court of proper jurisdiction.

            (2) Such citations shall be in a form such that there shall be retained in each book of citations a receipt and each shall have a copy to be deposited by the law enforcement officer with a court having jurisdiction over the alleged offense.

            (3) Upon the deposit of the copy, the court shall notify the alleged violator of the time and place of his hearing or of his opportunity to plead guilty by the payment of his specified fine. Failure to appear, unless the fine is paid, may be punished within the discretion of the court as contempt of court.

            B.(1)(a) Any person who is guilty of a violation of the prohibition in La. Rev. Stat. 40:1291.11(A)(1), (2), (3), and (4) shall, upon a first offense, be fined twenty-five dollars.

            (b) Any person who is guilty of violating such prohibition a second time shall be fined fifty dollars.

            (c) Any person who is guilty of violating such prohibition a third or subsequent time shall be fined one hundred dollars.

            (2)(a) Any employer who is guilty of a violation of the prohibition in La. Rev. Stat. 40:1291.11(A)(5) shall, upon a first offense, be fined one hundred dollars.

            (b) Any employer who is guilty of violating such prohibition a second time shall be fined two hundred fifty dollars.

            (c) Any employer who is guilty of violating such prohibition a third or subsequent time shall be fined five hundred dollars.

            Acts 2006, No. 815, §1, eff. Jan. 1, 2007; Acts 2014, No. 546, §1, eff. Jan. 1, 2015; Redesignated from La. Rev. Stat. 40:1300.262 by HCR 84 of 2015 R.S.