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ACT No. 317
Regular Session, 2014
HOUSE BILL NO. 750
BY REPRESENTATIVES MORENO, ADAMS, BADON, BARROW, BERTHELOT,
BILLIOT, WESLEY BISHOP, BROSSETT, BROWN, HENRY BURNS, TIM
BURNS, BURRELL, CARTER, CHAMPAGNE, CONNICK, COX, DIXON,
EDWARDS, FOIL, GAINES, GISCLAIR, GUILLORY, HARRIS, HAZEL,
HENRY, HENSGENS, HILL, HONORE, HOWARD, HUNTER, KATRI NA
JACKSON, JAMES, JEFFERSON, JOHNSON, JONES, KLECKLEY, NANCY
LANDRY, TERRY LANDRY, LEGER, LEOPOLD, LORUSSO, MILLER,
MONTOUCET, JAY MORRIS, NORTON, ORTEGO, PEARSON, PIERRE, POPE,
PRICE, PYLANT, REYNOLDS, RICHARD, RITCHIE, SCHEXNAYDER,
SCHRODER, SHADOIN, SMITH, ST. GERMAIN, THIBAUT, THIERRY,
ALFRED WILLIAMS, WILLMOTT, AND WOODRUFF AND SENATORS
ALARIO, APPEL, BROOME, BROWN, BUFFINGTON, DONAHUE, DORSEY-
COLOMB, ERDEY, GUILLORY, JOHNS, KOSTELKA, LAFLEUR, LONG,
MARTINY, MILLS, MORRELL, MORRISH, MURRAY, NEVERS, PEACOCK,
RISER, GARY SMITH, WALSWORTH, AND WARD
AN ACT1
To amend and reenact R.S. 9:366(A) and 372(B) and (C), R.S. 14:79(B), (C), (E), and (F),2
R.S. 46:2135(G) and (H), 2136(E), (G), and (H), 2136.2(A) and (D), and 2140,3
Children's Code Articles 1569(H) and (I) and 1570(E), (G), and (H), Code of Civil4
Procedure Article 3607.1, and Code of Criminal Procedure Articles 30(B), 327.1,5
335.2(C), and 871.1, relative to protective orders issued in conjunction with cases of6
domestic abuse; to provide relative to the procedures for filing Uniform Abuse7
Prevention Orders in the Louisiana Protective Order Registry; to provide relative to8
the duties of judges, clerks of court, and the Judicial Administrator's Office of the9
Louisiana Supreme Court relative to the issuance of temporary restraining orders,10
preliminary or permanent injunctions, and protective orders; to provide relative to11
the penalties for violations of protective orders; to provide relative to the duty of law12
enforcement with regard to enforcing protective orders and violations of protective13
orders; to provide relative to the determination by law enforcement of the14
predominant aggressor in domestic abuse cases; to provide for a presumption15
regarding the predominant aggressor; and to provide for related matters.16 ENROLLEDHB NO. 750
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Be it enacted by the Legislature of Louisiana:1
Section 1. R.S. 9:366(A) and 372(B) and (C) are hereby amended and reenacted to2
read as follows:3
§366. Injunctions4
A. All separation, divorce, child custody, and child visitation orders and5
judgments in family violence cases shall contain an injunction as defined in R.S.6
9:362. Upon issuance of such injunction, the judge shall cause to have prepared a7
Uniform Abuse Prevention Order as provided in R.S. 46:2136.2(C), shall sign such8
order, and shall immediately forward it to the clerk of court for filing, all without9
delay on the day that the order is issued. The clerk of the issuing court shall transmit10
the Uniform Abuse Prevention Order to the Judicial Administrator's Office,11
Louisiana Supreme Court, for entry into the Louisiana Protective Order Registry, as12
provided in R.S. 46:2136.2(A), by facsimile transmission, mail, or direct electronic13
input, where available, as expeditiously as possible, but no later than the end of the14
next business day after the order is filed with the clerk of court. The clerk of the15
issuing court shall also send a copy of the Uniform Abuse Prevention Order, as16
provided in R.S. 46:2136.2(C), or any modification thereof, to the chief law17
enforcement officer of the parish where the person or persons protected by the order18
reside by facsimile transmission or direct electronic input as expeditiously as19
possible, but no later than the end of the next business day after the order is filed20
with the clerk of court. A copy of the Uniform Abuse Prevention Order shall be21
retained on file in the office of the chief law enforcement officer until otherwise22
directed by the court.23
* * *24
§372. Injunction against abuse; form; central registry25
* * *26
B. Immediately upon rendering a decision granting relief provided in27
Subsection A of this Section, the judge shall cause to have prepared a Uniform28
Abuse Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and29 ENROLLEDHB NO. 750
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shall immediately forward it to the clerk of court for filing, all without delay on the1
day that the order is issued.2
C. The clerk of the issuing court shall transmit the Uniform Abuse3
Prevention Order to the Judicial Administrator's Office, Louisiana Supreme Court,4
for entry into the Louisiana Protective Order Registry, as provided in R.S.5
46:2136.2(A), by facsimile transmission, mail, or direct electronic input, where6
available, as expeditiously as possible, but no later than the end of the next business7
day after the order is filed with the clerk of court. The clerk of the issuing court shall8
also send a copy of the Uniform Abuse Prevention Order, as provided in R.S.9
46:2136.2(C), or any modification thereof, to the chief law enforcement officer of10
the parish where the person or persons protected by the order reside by facsimile11
transmission or direct electronic input as expeditiously as possible, but no later than12
the end of the next business day after the order is filed with the clerk of court. A13
copy of the Uniform Abuse Prevention Order shall be retained on file in the office14
of the chief law enforcement officer until otherwise directed by the court.15
Section 2. R.S. 14:79(B), (C), (E), and (F) are hereby amended and reenacted to16
read as follows: 17
§79. Violation of protective orders18
* * *19
B.(1) On a first conviction for violation of protective orders which does not20
involve a battery to or any crime of violence as defined by R.S. 14:2(B) against the21
person protected by the protective order, the offender shall be fined not more than22
five hundred dollars or imprisoned for not more than six months, or both.23
(2) On a second conviction for violation of protective orders which does not24
involve a battery to or any crime of violence as defined by R.S. 14:2(B) against the25
person protected by the protective order, regardless of whether the second offense26
occurred before or after the first conviction, the offender shall be fined not more than27
one thousand dollars and imprisoned for not less than forty-eight hours nor more28
than six months. At least forty-eight hours of the sentence of imprisonment imposed29
under this Paragraph shall be without benefit of probation, parole, or suspension of30 ENROLLEDHB NO. 750
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sentence. If a portion of the sentence is imposed with benefit of probation, parole,1
or suspension of sentence, the court shall require the offender to participate in a2
court-approved domestic abuse counseling program.3
(3) On a third or subsequent conviction for violation of protective orders4
which does not involve a battery to or any crime of violence as defined by R.S.5
14:2(B) against the person protected by the protective order, regardless of whether6
the current offense occurred before or after the earlier convictions, the offender shall7
be fined not more than one thousand dollars and imprisoned for not less than8
fourteen days nor more than six months. At least fourteen days of the sentence of9
imprisonment imposed under this Paragraph shall be without benefit of probation,10
parole, or suspension of sentence. If a portion of the sentence is imposed with11
benefit of probation, parole, or suspension of sentence, the court shall require the12
offender to participate in a court-approved domestic abuse counseling program,13
unless the offender has previously been required to participate in such program and,14
in the discretion of the judge, the offender would not benefit from such counseling.15
C.(1) Whoever is convicted of the offense of violation of protective orders16
where the violation involves a battery to or any crime of violence as defined by R.S.17
14:2(B) against the person protected by the protective order, and who has not been18
convicted of violating a protective order or of an assault or battery upon the person19
protected by the protective order within the five years prior to commission of the20
instant offense, shall be fined not more than five hundred dollars and imprisoned for21
not less than fourteen days nor more than six months. At least fourteen days of the22
sentence of imprisonment imposed under this Paragraph shall be without benefit of23
probation, parole, or suspension of sentence. If a portion of the sentence is imposed24
with benefit of probation, parole, or suspension of sentence, the court shall require25
the offender to participate in a court-approved domestic abuse counseling program26
as part of that probation.27
(2) Whoever is convicted of the offense of violation of protective orders28
where the violation involves a battery to or any crime of violence as defined by R.S.29
14:2(B) against the person for whose benefit the protective order is in effect, and30 ENROLLEDHB NO. 750
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who has been convicted not more than one time of violating a protective order or of1
an assault or battery upon the person for whose benefit the protective order is in2
effect within the five-year period prior to commission of the instant offense,3
regardless of whether the instant offense occurred before or after the earlier4
convictions, shall be fined not more than one thousand dollars and imprisoned for not5
less than three months nor more than six months. At least fourteen days of the6
sentence of imprisonment imposed under this Paragraph shall be without benefit of7
probation, parole, or suspension of sentence. If a portion of the sentence is imposed8
with benefit of probation, parole, or suspension of sentence, the court shall require9
the offender to participate in a court-approved domestic abuse counseling program,10
unless the offender has previously been required to participate in such program and,11
in the discretion of the court, the offender would not benefit from such counseling.12
(3) Whoever is convicted of the offense of violation of protective orders13
where the violation involves a battery to or any crime of violence as defined by R.S.14
14:2(B) against the person for whose benefit the protective order is in effect, and15
who has more than one conviction of violating a protective order or of an assault or16
battery upon the person for whose benefit the protective order is in effect during the17
five-year period prior to commission of the instant offense, regardless of whether the18
instant offense occurred before or after the earlier convictions, the offender shall be19
fined not more than two thousand dollars and imprisoned with or without hard labor20
for not less than one year nor more than five years. At least one year of the sentence21
of imprisonment imposed under this Paragraph shall be without benefit of probation,22
parole, or suspension of sentence.23
* * *24
E.(1) Law enforcement officers shall use every reasonable means, including25
but not limited to immediate arrest of the violator, to enforce a preliminary or26
permanent injunction or protective order obtained pursuant to R.S. 9:361 et seq., R.S.27
9:372, R.S. 46:2131 et seq., R.S. 46:2151, Children's Code Article 1564 et seq., Code28
of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles29
327.1, 335.1 335.2, and 871.1 after a contradictory court hearing, or to enforce a30 ENROLLEDHB NO. 750
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temporary restraining order or ex parte protective order issued pursuant to R.S. 9:3611
et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, Children's Code Article 15642
et seq., Code of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal3
Procedure Articles 327.1 and 335.1 335.2 if the defendant has been given notice of4
the temporary restraining order or ex parte protective order by service of process as5
required by law.6
(2) Law enforcement officers shall at a minimum issue a summons to the7
person in violation of a temporary restraining order, a preliminary or permanent8
injunction, or a protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372,9
R.S. 46:2131 et seq., R.S. 46:2151, Children's Code Article 1564 et seq., Code of10
Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles11
30, 327.1, 335.2, and 871.1.12
F. This Section shall not be construed to bar or limit the effect of any other13
criminal statute or civil remedy.14
* * *15
Section 3. R.S. 46:2135(G) and (H), 2136(E), (G), and (H), 2136.2(A) and (D), and16
2140 are hereby amended and reenacted to read as follows:17
§2135. Temporary restraining order18
* * *19
G. Immediately upon entering a temporary restraining order, the judge shall20
cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S.21
46:2136.2(C), shall sign such order, and shall immediately forward it to the clerk of22
court for filing, all without delay on the day that the order is issued. 23
H. The clerk of the issuing court shall transmit the Uniform Abuse24
Prevention Order to the Judicial Administrator's Office, Louisiana Supreme Court,25
for entry into the Louisiana Protective Order Registry, as provided in R.S.26
46:2136.2(A), by facsimile transmission, mail, or direct electronic input, where27
available, as expeditiously as possible, but no later than the end of the next business28
day after the order is filed with the clerk of court. The clerk of the issuing court shall29
also send a copy of the Uniform Abuse Prevention Order, as provided in R.S.30 ENROLLEDHB NO. 750
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46:2136.2(C), or any modification thereof, to the chief law enforcement officer of1
the parish where the person or persons protected by the order reside by facsimile2
transmission or direct electronic input as expeditiously as possible, but no later than3
the end of the next business day after the order is filed with the clerk of court. A4
copy of the Uniform Abuse Prevention Order shall be retained on file in the office5
of the chief law enforcement officer until otherwise directed by the court.6
* * *7
§2136. Protective orders; content; modification; service8
* * *9
E. A protective order made under this Part shall be served on the person to10
whom the order applies in open court at the close of the hearing, or in the same11
manner as a writ of injunction. The clerk of the issuing court shall send a copy of12
the Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or any modification thereof13
to the chief law enforcement official of the parish where the person or persons14
protected by the order reside. A copy of the Uniform Abuse Prevention Order shall15
be retained on file in the office of the chief law enforcement officer as provided16
herein until otherwise directed by the court.17
* * *18
G. Immediately upon granting a protective order or approving any consent19
agreement, the judge shall cause to have prepared a Uniform Abuse Prevention20
Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall immediately21
forward it to the clerk of court for filing, all without delay on the day that the order22
is issued. 23
H. The clerk of the issuing court shall transmit the Uniform Abuse24
Prevention Order to the Judicial Administrator's Office, Louisiana Supreme Court,25
for entry into the Louisiana Protective Order Registry, as provided in R.S.26
46:2136.2(A), by facsimile transmission, mail, or direct electronic input, where27
available, as expeditiously as possible, but no later than the end of the next business28
day after the order is filed with the clerk of court. The clerk of the issuing court shall29
also send a copy of the Uniform Abuse Prevention Order, as provided in R.S.30 ENROLLEDHB NO. 750
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46:2136.2(C), or any modification thereof, to the chief law enforcement officer of1
the parish where the person or persons protected by the order reside by facsimile2
transmission or direct electronic input as expeditiously as possible, but no later than3
the end of the next business day after the order is filed with the clerk of court. A4
copy of the Uniform Abuse Prevention Order shall be retained on file in the office5
of the chief law enforcement officer until otherwise directed by the court.6
* * *7
§2136.2. Louisiana Protective Order Registry8
A. In order to provide a statewide registry for abuse prevention orders to9
prevent domestic and dating violence and to aid law enforcement, prosecutors, and10
the courts in handling such matters, there shall be created a Louisiana Protective11
Order Registry administered by the Judicial Administrator's Office, Louisiana12
Supreme Court. The Judicial Administrator's Office shall collect the data transmitted13
to it from the courts of the state and enter it into the Louisiana Protective Order14
Registry as expeditiously as possible.15
* * *16
D. The clerk of the issuing court shall immediately send a copy of the order17
or any modification thereof to the Louisiana Protective Order Registry and to the18
chief law enforcement officer of the parish in which the person or persons protected19
by the order reside as expeditiously as possible but no later than by the end of the20
next business day after the order is filed with the clerk of court. Transmittal of the21
Uniform Abuse Prevention Order may shall be made by facsimile transmission, mail,22
or direct electronic input, where available, as expeditiously as possible, but no later23
than the end of the next business day after the order is filed with the clerk of court.24
* * *25
§2140. Law enforcement officers; duties26
A. If a law enforcement officer has reason to believe that a family or27
household member or dating partner has been abused and the abusing party is in28
violation of a temporary restraining order, a preliminary or permanent injunction, or29
a protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et30 ENROLLEDHB NO. 750
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seq., R.S. 46:2151, Children's Code Article 1564 et seq., Code of Civil Procedure1
Articles 3604 and 3607.1, or Code of Criminal Procedure Articles 30, 327.1, 335.2,2
and 871.1, the officer shall immediately arrest the abusing party.3
B. Whenever If a law enforcement officer has reason to believe that a family4
or household member or dating partner has been abused, and the abusing party is not5
in violation of a restraining order, a preliminary or permanent injunction, or a6
protective order, the officer shall immediately use all reasonable means to prevent7
further abuse, including:8
(1) Arresting the abusive party with a warrant or without a warrant pursuant9
to Code of Criminal Procedure Article 213, if probable cause exists to believe that10
a felony has been committed by that person, whether or not the offense occurred in11
the officer's presence.12
(2) Arresting the abusive party in case of any misdemeanor crime which13
endangers the physical safety of the abused person whether or not the offense14
occurred in the presence of the officer. If there is no cause to believe there is15
impending danger, arresting the abusive party is at the officer's discretion.16
(3) Assisting the abused person in obtaining medical treatment necessitated17
by the battery; arranging for, or providing, or assisting in the procurement of18
transportation for the abused person to a place of shelter or safety.19
(4) Notifying the abused person of his right to initiate criminal or civil20
proceedings; the availability of the protective order, R.S. 46:2136; and the21
availability of community assistance for domestic violence victims.22
B.C.(1) When a law enforcement officer receives conflicting accounts of23
domestic abuse or dating violence, the officer shall evaluate each account separately24
to determine if one party was the predominant aggressor.25
(2) In determining if one party is the predominant aggressor, the law26
enforcement officer may consider any other relevant factors, but shall consider the27
following factors based upon his or her observation:28
(a) Evidence from complainants and other witnesses.29
(b) The extent of personal injuries received by each person.30 ENROLLEDHB NO. 750
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(c) Whether a person acted in self-defense.1
(d) An imminent threat of future injury to any of the parties.2
(e) Prior complaints of domestic abuse or dating violence, if that history can3
be reasonably ascertained by the officer.4
(f) The future welfare of any minors who are present at the scene.5
(g) The existence of a temporary restraining order, a preliminary or6
permanent injunction, or a protective order issued pursuant to R.S. 9:361 et seq., R.S.7
9:372, R.S. 46:2131 et seq., R.S. 46:2151, Children's Code Article 1564 et seq., Code8
of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles9
30, 327.1, 335.2, and 871.1. The officer shall presume that the predominant10
aggressor is the person against whom the order was issued.11
(3)(a) If the officer determines that one person was the predominant12
aggressor in a felony offense, the officer shall arrest that person. The arrest shall be13
subject to the laws governing arrest, including the need for probable cause as14
otherwise provided by law.15
(b) If the officer determines that one person was the predominant aggressor16
in a misdemeanor offense, the officer shall arrest the predominant aggressor if there17
is reason to believe that there is impending danger or if the predominant aggressor18
is in violation of a temporary restraining order, a preliminary or permanent19
injunction, or a protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372,20
R.S. 46:2131 et seq., R.S. 46:2151, Children's Code Article 1564 et seq., Code of21
Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles22
30, 327.1, 335.2, and 871.1. If there is no threat of impending danger or no violation23
of a temporary restraining order, a preliminary or permanent injunction, or a24
protective order, the officer may arrest the predominant aggressor at the officer's25
discretion, whether or not the offense occurred in the presence of the officer. An26
arrest pursuant to the provisions of this Subparagraph shall be subject to the laws27
governing arrest, including the need for probable cause as otherwise provided by28
law. The exceptions provided for in R.S. 46:2140 this Section shall apply.29
(4) As used in this Subsection:30 ENROLLEDHB NO. 750
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(a) "Dating violence" has the meaning as defined in R.S. 46:2151(C).1
(b) "Domestic abuse" has the meaning as defined in R.S. 46:2132(3).2
Section 4. Children's Code Articles 1569(H) and (I) and 1570(E), (G), and (H) are3
hereby amended and reenacted to read as follows:4
Art. 1569. Temporary restraining order5
* * *6
H. Immediately upon rendering a decision granting the relief requested by7
the petitioner, the judge shall cause to have prepared a Uniform Abuse Prevention8
Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall immediately9
forward it to the clerk of court for filing, all without delay on the day that the order10
is issued. 11
I. If a temporary restraining order is issued or extended, the clerk of the12
issuing court shall transmit the Uniform Abuse Prevention Order to the Judicial13
Administrator's Office, Louisiana Supreme Court, for entry into the Louisiana14
Protective Order Registry, as provided in R.S. 46:2136.2(A), by facsimile15
transmission, mail, or direct electronic input, where available, as expeditiously as16
possible, but no later than the end of the next business day after the order is filed17
with the clerk of court. The clerk of the issuing court shall also send a copy of the18
Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), or any19
modification thereof, to the chief law enforcement officer of the parish where the20
person or persons protected by the order reside by facsimile transmission or direct21
electronic input as expeditiously as possible, but no later than the end of the next22
business day after the order is filed with the clerk of court. A copy of the Uniform23
Abuse Prevention Order shall be retained on file in the office of the chief law24
enforcement officer until otherwise directed by the court.25
Art. 1570. Protective orders; content; modification; service26
* * *27
E. A protective order made under this Chapter shall be served on the person28
to whom the order applied in open court at the close of the hearing, or in the same29
manner as a writ of injunction. The clerk of the issuing court shall send a copy of30 ENROLLEDHB NO. 750
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the Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or any modification thereof1
to the chief law enforcement official of the parish where the person or persons2
protected by the order reside. A copy of the Uniform Abuse Prevention Order shall3
be retained on file in the office of the chief law enforcement officer as provided4
herein until otherwise directed by the court.5
* * *6
G. Immediately upon rendering a decision granting the relief requested by7
the petitioner, the judge shall cause to have prepared a Uniform Abuse Prevention8
Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall immediately9
forward it to the clerk of court for filing, all without delay on the day that the order10
is issued. 11
H. If a protective order is issued or modified, or a consent agreement is12
agreed to or modified, the clerk of the issuing court shall transmit the Uniform Abuse13
Prevention Order to the Judicial Administrator's Office, Louisiana Supreme Court,14
for entry into the Louisiana Protective Order Registry, as provided in R.S.15
46:2136.2(A), by facsimile transmission, mail, or direct electronic input, where16
available, as expeditiously as possible, but no later than the end of the next business17
day after the order is filed with the clerk of court. The clerk of the issuing court shall18
also send a copy of the Uniform Abuse Prevention Order, as provided in R.S.19
46:2136.2(C), or any modification thereof, to the chief law enforcement officer of20
the parish where the person or persons protected by the order reside by facsimile21
transmission or direct electronic input as expeditiously as possible, but no later than22
the end of the next business day after the order is filed with the clerk of court. A23
copy of the Uniform Abuse Prevention Order shall be retained on file in the office24
of the chief law enforcement officer until otherwise directed by the court.25
* * *26
Section 5. Code of Civil Procedure Article 3607.1 is hereby amended and reenacted27
to read as follows:28 ENROLLEDHB NO. 750
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Art. 3607.1. Registry of temporary restraining order, preliminary injunction or1
permanent injunction, their dissolution or modification2
A. Immediately upon rendering a decision granting the petitioner a3
temporary restraining order or a preliminary or permanent injunction prohibiting a4
person from harming a family or household member or dating partner, the judge shall5
cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S.6
46:2136.2(C), shall sign such order, and shall immediately forward it to the clerk of7
court for filing, all without delay on the day that the order is issued. 8
B. Where a temporary restraining order, preliminary injunction, or9
permanent injunction relative to domestic abuse or dating violence is issued,10
dissolved, or modified, the clerk of court shall transmit the Uniform Abuse11
Prevention Order to the Judicial Administrator's Office, Louisiana Supreme Court,12
for entry into the Louisiana Protective Order Registry, as provided in R.S.13
46:2136.2(A), by facsimile transmission, mail, or direct electronic input, where14
available, as expeditiously as possible, but no later than the end of the next business15
day after the order is filed with the clerk of court. The clerk of the issuing court shall16
also send a copy of the Uniform Abuse Prevention Order, as provided in R.S.17
46:2136.2(C), or any modification thereof, to the chief law enforcement officer of18
the parish where the person or persons protected by the order reside by facsimile19
transmission or direct electronic input as expeditiously as possible, but no later than20
the end of the next business day after the order is filed with the clerk of court. A21
copy of the Uniform Abuse Prevention Order shall be retained on file in the office22
of the chief law enforcement officer until otherwise directed by the court.23
Section 6. Code of Criminal Procedure Articles 30(B), 327.1, 335.2(C), and 871.124
are hereby amended and reenacted to read as follows:25
Art. 30. The peace bond26
* * *27
B. If the peace bond is for the purpose of preventing domestic abuse or28
dating violence, the magistrate shall cause to have prepared a Uniform Abuse29
Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall30 ENROLLEDHB NO. 750
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immediately forward it to the clerk of court for filing, all without delay on the day1
that the order is issued. The clerk of the issuing court shall transmit the Uniform2
Abuse Prevention Order to the Judicial Administrator's Office, Louisiana Supreme3
Court, for entry into the Louisiana Protective Order Registry, as provided in R.S.4
46:2136.2(A), by facsimile transmission, mail, or direct electronic input, where5
available, as expeditiously as possible, but no later than the end of the next business6
day after the order is filed with the clerk of court. The clerk of the issuing court shall7
also send a copy of the Uniform Abuse Prevention Order, as provided in R.S.8
46:2136.2(C), or any modification thereof, to the chief law enforcement officer of9
the parish where the person or persons protected by the order reside by facsimile10
transmission or direct electronic input as expeditiously as possible, but no later than11
the end of the next business day after the order is filed with the clerk of court. A12
copy of the Uniform Abuse Prevention Order shall be retained on file in the office13
of the chief law enforcement officer until otherwise directed by the court.14
* * *15
Art. 327.1. Bail restrictions to be transmitted to Louisiana Protective Order Registry16
If, as part of a bail restriction, an order is issued for the purpose of preventing17
violent or threatening acts or harassment against, or contact or communication with18
or physical proximity to, another person for the purpose of preventing domestic19
abuse, stalking, or dating violence, the judge shall cause to have prepared a Uniform20
Abuse Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and21
shall forward it to the clerk of court for filing, all without delay by the end of the22
next business day after the order is issued. The clerk of the issuing court shall23
transmit the Uniform Abuse Prevention Order to the Judicial Administrator's Office,24
Louisiana Supreme Court, for entry into the Louisiana Protective Order Registry, as25
provided in R.S. 46:2136.2(A), by facsimile transmission, mail, or direct electronic26
input, where available, as expeditiously as possible, but no later than the end of the27
next business day after the order is filed with the clerk of court. The clerk of the28
issuing court shall also send a copy of the Uniform Abuse Prevention Order, as29
provided in R.S. 46:2136.2(C), or any modification thereof, to the chief law30 ENROLLEDHB NO. 750
Page 15 of 16
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
enforcement officer of the parish where the person or persons protected by the order1
reside by facsimile transmission or direct electronic input as expeditiously as2
possible, but no later than the end of the next business day after the order is filed3
with the clerk of court. A copy of the Uniform Abuse Prevention Order shall be4
retained on file in the office of the chief law enforcement officer until otherwise5
directed by the court.6
* * *7
Art. 335.2. Stalking; conditions of release8
* * *9
C. If, as part of a bail restriction, an order is issued pursuant to the provisions10
of this Article, the judge shall cause to have prepared a Uniform Abuse Prevention11
Order, as provided in R.S. 46:2136.2, shall sign such order, and shall forward it to12
the clerk of court for filing, all without delay by the end of the next business day13
after the order is issued. The clerk of the issuing court shall transmit the Uniform14
Abuse Prevention Order to the Judicial Administrator's Office, Louisiana Supreme15
Court, for entry into the Louisiana Protective Order Registry, as provided in R.S.16
46:2136.2(A), by facsimile transmission, mail, or direct electronic input, where17
available, as expeditiously as possible, but no later than the end of the next business18
day after the order is filed with the clerk of court. The clerk of the issuing court shall19
also send a copy of the Uniform Abuse Prevention Order, as provided in R.S.20
46:2136.2(C), or any modification thereof, to the chief law enforcement officer of21
the parish where the person or persons protected by the order reside by facsimile22
transmission or direct electronic input as expeditiously as possible, but no later than23
the end of the next business day after the order is filed with the clerk of court. A24
copy of the Uniform Abuse Prevention Order shall be retained on file in the office25
of the chief law enforcement officer until otherwise directed by the court.26
* * *27
Art. 871.1. Sentencing orders to be sent to Louisiana Protective Order Registry28
If part of the sentence contains an order for the purpose of preventing violent29
or threatening acts or harassment against, contact or communication with, or physical30 ENROLLEDHB NO. 750
Page 16 of 16
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
proximity to, another person in order to prevent domestic abuse or dating violence,1
the judge shall cause to have prepared a Uniform Abuse Prevention Order, as2
provided in R.S. 46:2136.2(C), shall sign such order, and shall immediately forward3
it to the clerk of court for filing, all without delay on the day that the order is issued.4
The clerk of the issuing court shall transmit the Uniform Abuse Prevention Order to5
the Judicial Administrator's Office, Louisiana Supreme Court, for entry into the6
Louisiana Protective Order Registry, as provided in R.S. 46:2136.2(A), by facsimile7
transmission, mail, or direct electronic input, where available, as expeditiously as8
possible, but no later than the end of the next business day after the order is filed9
with the clerk of court. The clerk of the issuing court shall also send a copy of the10
Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), or any11
modification thereof, to the chief law enforcement officer of the parish where the12
person or persons protected by the order reside by facsimile transmission or direct13
electronic input as expeditiously as possible, but no later than the end of the next14
business day after the order is filed with the clerk of court. A copy of the Uniform15
Abuse Prevention Order shall be retained on file in the office of the chief law16
enforcement officer until otherwise directed by the court.17
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: