HLS 14RS-106 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 15
BY REPRESENTATIVE JAMES
CRIMINAL/PROCEDURE: Adds licensed professional counselors to the list of persons
who may serve on a clinical team appointed in lieu of a sanity commission
AN ACT1
To amend and reenact Code of Criminal Procedure Article 644(D)(1), relative to mental2
incapacity to proceed; to provide relative to the composition of a clinical team3
appointed in lieu of a sanity commission; to add licensed professional counselors to4
the list of persons who may serve on a clinical team; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Code of Criminal Procedure Article 644(D)(1) is hereby amended and8
reenacted to read as follows: 9
Art. 644. Appointment of sanity commission; examination of defendant10
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D.(1) The court, in any judicial district which enters into a cooperative12
endeavor agreement with the local mental health unit, in lieu of appointing a sanity13
commission as provided in Paragraph A, may appoint the local mental health unit to14
examine and report on the mental condition of the defendant. If the local mental15
health unit is ordered to conduct the examination, it shall form a clinical team,16
consisting of at least two but not more than three members, to conduct the17
examination. The clinical team shall be composed of one or more licensed18
physicians with at least three years experience in the study of psychiatry in an19
approved United States General Psychiatry Residency Program; if. If only one such20 HLS 14RS-106 ORIGINAL
HB NO. 15
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
licensed physician is a member of the clinical team, the remaining members of the1
clinical team may be composed of clinical psychologists, medical psychologists,2
licensed professional counselors, or licensed clinical social workers, who are3
qualified by training or experience in forensic evaluations.4
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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)]
James HB No. 15
Abstract: Adds licensed professional counselors to the list of persons who may serve on
a clinical team that is appointed in lieu of a sanity commission.
Present law provides for a sanity commission to be appointed by the court after a mental
examination of a defendant is ordered. The sanity commission shall examine and report
upon the mental condition of the defendant.
Present law authorizes the court, in lieu of appointing a sanity commission, to enter into a
cooperative endeavor agreement with the local mental health unit to examine and report on
the mental condition of the defendant.
Present law provides that if the local mental health unit is ordered to conduct the
examination, it shall form a two- or three-member clinical team to be composed of one or
more licensed physicians. Further provides that if only one licensed physician is a member
of the clinical team, the remaining members of the clinical team may be composed of any
of the following persons who are qualified by training or experience in forensic evaluations:
clinical psychologists, medical psychologists, or licensed clinical social workers.
Proposed law retains present law and adds licensed professional counselors to the list of
persons who may serve on a clinical team.
(Amends C.Cr.P. Art. 644(D)(1))