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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 ENROLLED
SENATE BILL NO. 114
BY SENATOR MARTINY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 28:69(A) and to enact R.S. 28:53.3 and 67(4), relative to2
coroners; to provide relative to protective custody orders executed in Jefferson Parish3
by video conferencing; to require the signature of the affiant to be witnessed on the4
video; to authorize certain persons with concurrence of the coroner to petition the5
court for an order authorizing involuntary outpatient treatment of certain patients; to6
provide for service of such petitions; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 28:69(A) is hereby amended and reenacted and R.S. 28:53.3 and9
67(4) are hereby enacted to read as follows: 10
§53.3. Order for custody; grounds; teleconference; Jefferson Parish11
When a peace officer or other credible person executes a statement made12
to the best of his knowledge, belief, and personal observations from any law13
enforcement agency physically located in the city of Kenner or the towns of Jean14
Lafitte or Grand Isle pursuant to R.S. 28:53.2, the statement may be made by15
video conference between the peace officer or other credible person and the16
Jefferson Parish coroner's office. If the affiant is credible, qualified staff of the17
ACT No. 226 SB NO. 114 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
coroner's office shall complete an order for protective custody form based on1
information obtained in the video interview and immediately fax the form to the2
appropriate law enforcement agency. If the statement meets with the affiant's3
approval, the affiant shall sign the statement. The signature of the affiant shall4
be witnessed on the video and by a peace officer and immediately faxed to the5
coroner's office for the coroner's signature. Thereafter, the original signed6
form shall be sent to the Jefferson Parish coroner's office. 7
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§67. Petition to the court9
A petition for an order authorizing involuntary outpatient treatment may be10
filed in the judicial district in the parish in which the patient is present or reasonably11
believed to be present. A petition to obtain an order authorizing involuntary12
outpatient treatment may be initiated by one of the following persons:13
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(4) Any interested person through counsel with written concurrence of15
the coroner in the jurisdiction in which the person is found.16
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§69. Procedure18
A.(1) Upon the filing of the petition authorized by R.S. 28:67, the court19
shall assign a time and place for a hearing, which may be conducted before any judge20
in the judicial district, within five days, and shall cause reasonable notice thereof and21
a copy of the petition to be served upon the respondent, respondent's attorney, the22
petitioner and the director of the human service district or the regional manager of23
the Department of Health and Hospitals, office of behavioral health, in the parish24
where the petition has been filed. The notice shall inform the respondent that he has25
a right to be present, a right to counsel, which may be appointed, if he is indigent or26
otherwise qualified, has the right to counsel appointed to represent him by the Mental27
Health Advocacy Service, and a right to cross examine witnesses. Continuances28
shall be granted only for good cause shown.29
(2) In addition to those persons entitled to notice pursuant to Paragraph30 SB NO. 114 ENROLLED
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(1) of this Subsection, if the respondent is interdicted, notice of the hearing and1
a copy of the petition shall be served upon the curator for the interdict and the2
attorney who represented the interdict in the interdict proceedings.3
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PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: