HLS 14RS-1054 ENGROSSED
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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: Provides for the method of delivery of an order for protective custody
and transportation to law enforcement
AN ACT1
To amend and reenact R.S. 28:53.2(D), relative to involuntary mental health treatment; to2
provide relative to the method of delivery of the custody order to law enforcement;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 appropriate law11
enforcement agency for execution by hand, facsimile, or other electronic means,12
including but not limited to e-mail. The law enforcement officer or transporting13
person shall deliver a copy of the order for custody to the coroner, or patient, and14
director of the treatment facility by the individual who has transported the person.15
The upon execution with the date and hour that the person is taken into protective16
custody shall be clearly written on the order. Without delay, and in no event more17
than twelve hours after being taken into protective custody, the person shall be18
delivered to a treatment facility or the office of the coroner or he shall be released.19
Upon arrival, the person in custody shall be examined immediately by the coroner20 HLS 14RS-1054 ENGROSSED
HB NO. 330
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
or, if at a treatment facility, by a physician, preferably a psychiatrist, medical1
psychologist, or psychiatric mental health nurse practitioner, who shall determine if2
the person shall be voluntarily admitted, admitted by emergency certificate, admitted3
as a noncontested admission, or discharged. The person in custody shall be4
examined within twelve hours of his arrival at the treatment facility or coroner's5
office or he shall be released.6
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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 law enforcement.
Present law authorizes any parish coroner or judge of a court of competent jurisdiction to
order certain persons to be taken into protective custody and transported to a treatment
facility or the office of the coroner for immediate examination.
Present law provides that the order for custody shall be delivered to the coroner or director
of the treatment facility by the individual who has transported the person and 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 delivered to the appropriate law
enforcement agency for execution by hand, facsimile, or other electronic means, including
but not limited to e-mail.
Proposed law requires the law enforcement officer 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.
(Amends R.S. 28:53.2(D))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Changed references in proposed law from "sheriff" to "law enforcement officer"
and "law enforcement agency".
2. Authorized the delivery of the protective order to the appropriate law
enforcement agency by hand.