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
McHenry Lee.
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 August 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.
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill 1. Makes Legislative Bureau changes.