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)]
HB 447 Reengrossed 2016 Regular Session Gregory Miller
Abstract: Adds permissible evidence in continuing tutorship hearings and provides that the
petitioner shall not bear the cost of securing the concurrence of the coroner.
Present law provides that to establish that a person above the age of 15 possesses less than 2/3 of the
average mental ability of a normal person of the same age, there must be standard testing procedures
administered by competent persons.
Proposed law expands present law to allow the court to consider other relevant evidence in addition
to standard testing procedures.
Present law requires that in order to continue the tutorship of a person above the age of 15, there
must be concurrence of the coroner of the parish of the mentally deficient person's domicile.
Proposed law maintains the requirement of concurrence of the coroner to continue the tutorship of
a person above the age of 15, and clarifies that the petitioner shall not bear the coroner's costs or fees
associated with securing the coroner's concurrence.
(Amends C.C. Art. 355)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the
original bill:
1. Reinstates the present law requirement of concurrence by the coroner to petition the court
for the continuing tutorship.
2. Changes an obsolete term referring to those with certain disabilities.
3. Adds that the petitioner shall not bear the coroner's costs or fees associated with securing
the coroner's concurrence.
The House Floor Amendments to the engrossed bill:
1. Changes language referencing "mental ability" to "intellectual functioning".