HLS 14RS-1054 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. 330
BY REPRESENTATIVE LOPINTO
MENTAL HEALTH: Authorizes the use of electronic means for the delivery of an order
for protective custody and transportation to the sheriff
AN ACT1
To amend and reenact R.S. 28:53.2(D), relative to involuntary mental health treatment; to2
authorize the use of electronic means for delivery of the custody order to the sheriff;3
and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 28:53.2(D) is hereby amended and reenacted to read as follows: 6
ยง53.2. Order for custody; grounds; civil liability; criminal penalty for making a false7
statement8
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D. The order for custody shall be effective for seventy-two hours from its10
issuance by the coroner or judge and shall be delivered to the sheriff for execution11
by facsimile or other electronic means, including but not limited to e-mail. The12
sheriff or transporting person shall deliver a copy of the order for custody to the13
coroner, or patient, and director of the treatment facility by the individual who has14
transported the person. The upon execution with the date and hour that the person15
is taken into protective custody shall be clearly written on the order. Without delay,16
and in no event more than twelve hours after being taken into protective custody, the17
person shall be delivered to a treatment facility or the office of the coroner or he18
shall be released. Upon arrival, the person in custody shall be examined immediately19
by the coroner or, if at a treatment facility, by a physician, preferably a psychiatrist,20 HLS 14RS-1054 ORIGINAL
HB NO. 330
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
medical psychologist, or psychiatric mental health nurse practitioner, who shall1
determine if the person shall be voluntarily admitted, admitted by emergency2
certificate, admitted as a noncontested admission, or discharged. The person in3
custody shall be examined within twelve hours of his arrival at the treatment facility4
or coroner's office or he shall be released.5
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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)]
Lopinto HB No. 330
Abstract: Authorizes the use of electronic means for the delivery of an order for protective
custody and transportation to the sheriff.
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
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, 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.
Present law provides that the order for custody shall be effective for 72 hours from its
issuance and shall be delivered to the coroner or director of the treatment facility by the
individual who has transported the person. Present law requires the date and hour that the
person is taken into protective custody to be written on the order.
Proposed law provides that the order for custody shall be effective for 72 hours from its
issuance by the coroner or judge and shall be delivered to the sheriff for execution by
facsimile or other electronic means, including but not limited to e-mail. Proposed law
requires the sheriff or transporting person to deliver a copy of the order for custody to the
coroner, patient, and director of the treatment facility upon execution with the date and hour
that the person is taken into protective custody clearly written on the order .
Present law requires the person in custody, without delay and in no event more than 12 hours
after being taken into protective custody, to be delivered to a treatment facility or the office
of the coroner or be released.
Proposed law retains present law.
Present law requires the person in custody, upon arrival, to be examined immediately by the
coroner or, if at a treatment facility, by a physician, preferably a psychiatrist, medical
psychologist, or psychiatric mental health nurse practitioner, who shall determine if the
person shall be voluntarily admitted, admitted by emergency certificate, admitted as a
noncontested admission, or discharged.
Proposed law retains present law. HLS 14RS-1054 ORIGINAL
HB NO. 330
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law requires the person in custody to be examined within 12 hours of arrival at the
treatment facility or coroner's office or be released.
Proposed law retains present law.
(Amends R.S. 28:53.2(D))