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ACT No. 197
Regular Session, 2012
HOUSE BILL NO. 441
BY REPRESENTATIVE ABRAMSON
AN ACT1
To amend and reenact R.S. 14:40.2(F), (G), (H), and (I), R.S. 46:2136(D) and (F), and Code2
of Criminal Procedure Article 327.1 and to enact R.S. 14:40.2(J) and Code of3
Criminal Procedure Article 335.2, relative to the issuance of abuse prevention orders;4
to provide relative to abuse prevention orders in cases of domestic abuse and5
stalking; to provide relative to the effective term of certain portions of a protective6
order in cases of domestic abuse; to provide for procedures; to provide for a hearing7
and notice; to provide for conditions of release in stalking cases; and to provide for8
related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 14:40.2(F), (G), (H), and (I) are hereby amended and reenacted and11
R.S. 14:40.2(J) is hereby enacted to read as follows:12
§40.2. Stalking13
* * *14
F.(1) Upon motion of the district attorney or on the court's own motion,15
whenever it is deemed appropriate for the protection of the victim, the court may, in16
addition to any penalties imposed pursuant to the provisions of this Section, grant a17
protective order which directs the defendant to refrain from abusing, harassing,18
interfering with the victim or the employment of the victim, or being physically19
present within a certain distance of the victim.20
(2) Any protective order granted pursuant to the provisions of this21
Subsection shall be served on the defendant at the time of sentencing.22
(3)(a) The court shall order that the protective order be effective either for23
an indefinite period of time or for a fixed term which shall not exceed eighteen24
months.25 ENROLLEDHB NO. 441
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(b) If the court grants the protective order for an indefinite period of time1
pursuant to Subparagraph (a) of this Paragraph, after a hearing, on the motion of any2
party and for good cause shown, the court may modify the indefinite effective period3
of the protective order to be effective for a fixed term, not to exceed eighteen4
months, or to terminate the effectiveness of the protective order. A motion to modify5
or terminate the effectiveness of the protective order may be granted only after a6
good faith effort has been made to provide reasonable notice of the hearing to the7
victim, the victim's designated agent, or the victim's counsel, and either of the8
following occur:9
(i) The victim, the victim's designated agent, or the victim's counsel is10
present at the hearing or provides written waiver of such appearance.11
(ii) After a good faith effort has been made to provide reasonable notice of12
the hearing, the victim could not be located.13
(4)(a) Immediately upon granting a protective order, the court shall cause to14
have prepared a Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2,15
shall sign such order, and shall forward it to the clerk of court for filing, without16
delay.17
(b) The clerk of the issuing court shall send a copy of the Uniform Abuse18
Prevention Order or any modification thereof to the chief law enforcement official19
of the parish where the victim resides. A copy of the Uniform Abuse Prevention20
Order shall be retained on file in the office of the chief law enforcement officer as21
provided in this Subparagraph until otherwise directed by the court.22
(c) The clerk of the issuing court shall transmit the Uniform Abuse23
Prevention Order, or any modification thereof, to the Louisiana Protective Order24
Registry pursuant to R.S. 46:2136.2, by facsimile transmission, mail, or direct25
electronic input, where available, as expeditiously as possible, but no later than the26
end of the next business day after the order is filed with the clerk of court.27
F.G. The provisions of this Section shall not apply to a private investigator28
licensed pursuant to the provisions of Chapter 56 of Title 37 of the Louisiana29 ENROLLEDHB NO. 441
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Revised Statutes of 1950, acting during the course and scope of his employment and1
performing his duties relative to the conducting of an investigation.2
G.H. The provisions of this Section shall not apply to an investigator3
employed by an authorized insurer regulated pursuant to the provisions of Title 224
of the Louisiana Revised Statutes of 1950, acting during the course and scope of his5
employment and performing his duties relative to the conducting of an insurance6
investigation.7
H.I. The provisions of this Section shall not apply to an investigator8
employed by an authorized self-insurance group or entity regulated pursuant to the9
provisions of Chapter 10 of Title 23 of the Louisiana Revised Statutes of 1950,10
acting during the course and scope of his employment and performing his duties11
relative to the conducting of an insurance investigation.12
I.J. A conviction for stalking shall not be subject to expungement as13
provided for by R.S. 44:9.14
Section 2. R.S. 46:2136(D) and (F) are hereby amended and reenacted to read as15
follows: 16
§2136. Protective orders; content; modification; service17
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D.(1) On the motion of any party, the court, after notice to the other parties19
and a hearing, may modify a prior order to exclude any item included in the prior20
order, or to include any item that could have been included in the prior order.21
(2) On the motion of any party, after a hearing, the court may modify the22
effective period of a protective order pursuant to Paragraph (F)(2) of this Section.23
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F.(1) Any Except as provided in Paragraph (2) of this Subsection, any final25
protective order or approved consent agreement shall be for a fixed period of time,26
not to exceed eighteen months, and may be extended by the court, after a27
contradictory hearing, in its discretion. Such protective order or extension thereof28
shall be subject to a devolutive appeal only.29 ENROLLEDHB NO. 441
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(2)(a) For any protective order granted by the court which directs the1
defendant to refrain from abusing, harassing, or interfering with the person as2
provided in R.S. 46:2135(A)(1), the court may grant the order to be effective for an3
indefinite period of time as provided by the provisions of this Paragraph on its own4
motion or by motion of the petitioner. The indefinite period shall be limited to the5
portion of the protective order which directs the defendant to refrain from abusing,6
harassing, or interfering with the person as provided in R.S. 46:2135(A)(1).7
(b) The hearing for this motion shall be conducted concurrently with the8
hearing for the rule to show cause why the protective order should not be issued.9
(c) Any motion to modify the indefinite effective period of the protective10
order as provided in Subparagraph (a) of this Paragraph may be granted only after11
a good faith effort has been made to provide reasonable notice of the hearing to the12
victim, the victim's designated agent, or the victim's counsel, and either of the13
following occur:14
(i) The victim, the victim's designated agent, or the victim's counsel is15
present at the hearing or provides written waiver of such appearance.16
(ii) After a good faith effort has been made to provide reasonable notice of17
the hearing, the victim could not be located.18
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Section 3. Code of Criminal Procedure Article 327.1 is hereby amended and20
reenacted and Code of Criminal Procedure Article 335.2 is hereby enacted to read as21
follows:22
Art. 327.1. Bail restrictions to be transmitted to Louisiana Protective Order Registry23
If, as part of a bail restriction, an order is issued for the purpose of preventing24
violent or threatening acts or harassment against, or contact or communication with25
or physical proximity to, another person for the purpose of preventing domestic26
abuse, stalking, or dating violence, the judge shall cause to have prepared a Uniform27
Abuse Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and28
shall forward it to the clerk of court for filing, all without delay. The clerk of the29
issuing court shall transmit the Uniform Abuse Prevention Order to the Louisiana30 ENROLLEDHB NO. 441
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Protective Order Registry, R.S. 46:2136.2(A), by facsimile transmission, mail, or1
direct electronic input, where available, as expeditiously as possible, but no later than2
the end of the next business day after the order is filed with the clerk of court.3
* * *4
Art. 335.2. Stalking; conditions of release5
A. In determining conditions of release of a defendant who is alleged to have6
committed the crime of stalking pursuant to the provisions of R.S. 14:40.2, the court7
shall consider whether the defendant poses a threat or danger to the victim. If the8
court determines that the defendant poses such a threat or danger, it shall require as9
a condition of bail that the defendant refrain from going to the residence or10
household of the victim, the victim's school, and the victim's place of employment,11
or otherwise contacting the victim in any manner whatsoever, and shall refrain from12
having any further contact with the victim.13
B. A violation of the conditions of release may be punishable by the14
forfeiture of bail and issuance of a bench warrant for the arrest of the defendant or15
remanding the defendant to custody or a modification of the terms of bail.16
C. If, as part of a bail restriction, an order is issued pursuant to the provisions17
of this Article, the judge shall cause to have prepared a Uniform Abuse Prevention18
Order, as provided in R.S. 46:2136.2, shall sign such order, and shall forward it to19
the clerk of court for filing, all without delay. The clerk of the issuing court shall20
transmit the Uniform Abuse Prevention Order to the Louisiana Protective Order21
Registry, R.S. 46:2136.2(A), by facsimile transmission, mail, or direct electronic22 ENROLLEDHB NO. 441
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input, where available, as expeditiously as possible, but no later than the end of the1
next business day after the order is filed with the clerk of court.2
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: