SLS 13RS-172 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2013
SENATE BILL NO. 114
BY SENATOR MARTINY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CORONERS. Provides relative to protective custody orders in Jefferson Parish. (8/1/13)
AN ACT1
To enact R.S. 28:53.3, relative to coroners; to provide relative to protective custody orders2
executed in Jefferson Parish by video conferencing; to require the signature of the3
affiant to be witnessed on the video; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 28:53.3 is hereby enacted to read as follows: 6
ยง53.3. Order for custody; grounds; teleconference; Jefferson Parish7
Any parish coroner or judge of a court of competent jurisdiction may8
order a person to be taken into protective custody and transported to a9
treatment facility or to the office of the coroner for immediate examination10
when a peace officer or other credible person executes a statement under11
private signature specifying that, to the best of his knowledge and belief and12
personal observations, the person is mentally ill or suffering from substance13
abuse and is in need of immediate treatment to protect the person or others14
from physical harm. The statement may be made by video conference between15
a police station and the Jefferson Parish coroner's office if the affiant is16
physically located in the city of Kenner or the towns of Jean Lafitte or Grand17 SB NO. 114
SLS 13RS-172 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Isle. If the affiant is credible, qualified staff of the coroner's office shall fill out1
an order for protective custody form based on information obtained in the video2
interview and immediately fax the form to the police station in Kenner, Jean3
Lafitte, or Grand Isle. If the statement meets with the affiant's approval, the4
affiant shall sign the statement. The signature of the affiant shall be witnessed5
on the video and by a peace officer and immediately faxed to the coroner's6
office. Thereafter, the original signed form shall be sent to the Jefferson Parish7
coroner's office. 8
The original instrument was prepared by Cathy R. Wells. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Dawn Romero Watson.
DIGEST
Martiny (SB 114)
Present law authorizes any parish coroner or judge of a court of competent jurisdiction to
order a person to be taken into protective custody and transported to a treatment facility or
to the office of the coroner for immediate examination when a peace officer or other credible
person executes a statement under private signature specifying that, to the best of his
knowledge and belief and personal observations, the person is mentally ill or suffering from
substance abuse and is in need of immediate treatment to protect the person or others from
physical harm.
Proposed law retains present law and further authorizes the statement to be made by video
conferencing in Jefferson Parish. Requires that the affiant be physically located at a police
station in Kenner, Jean Lafitte, or Grand Isle and that the video conference be between a
police station and the coroner's office. Provides that if the affiant is credible, a qualified
staff of the coroner's office shall complete the order for protective custody form and fax it
to the police station. Provides that if the statement meets the affiant's approval, the affiant
sign the statement which shall be witnessed on video and by a peace officer and immediately
faxed to the coroner's office. Requires the original signed form to be sent to the coroner's
office.
Effective Aug. 1, 2013.
(Adds R.S. 28:53.3)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill
1. Adds qualification that the video conference be between a police station in
Kenner, Jean Lafitte, or Grand Isle and the Jefferson Parish coroner's office.
2. Adds requirement for coroner staff to complete form and fax to police
station.
3. Adds requirement for original signed form to be sent to coroner's office.