RDCSB114 2991 3125
Page 1 of 2
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
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 a statement to be made by video
conferencing in Jefferson Parish between an affiant who is present at a law enforcement
agency physically located in Kenner, Jean Lafitte, or Grand Isle 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 law enforcement agency. 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
for the coroner's signature. Requires the original signed form to be sent to the coroner's
office.
Present law provides that a petition to obtain an order authorizing involuntary outpatient
treatment may be initiated by certain persons.
Proposed law retains present law and adds to the list of persons who may initiate such a
petition any interested person through counsel when there is written concurrence by the
coroner in the jurisdiction in which the person is found.
Effective August 1, 2013.
(Adds R.S. 28:53.3 and 67(4))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill
1. Added 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. Added requirement for coroner staff to complete form and fax to police
station.
3. Added 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. Made Legislative Bureau changes.
Summary of Amendments Adopted by House RDCSB114 2991 3125
Page 2 of 2
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the reengrossed bill.
1. Deleted duplicative provisions found in present law.
2. Added any interested person through counsel as a party who may file a petition
for an order authorizing involuntary outpatient treatment when there is written
concurrence of the coroner.
3. Made technical changes.