HLS 18RS-1098 REENGROSSED
2018 Regular Session
HOUSE BILL NO. 773
BY REPRESENTATIVE LYONS
DOMESTIC ABUSE: Provides relative to a mental health evaluation upon the issuance of
a protective order in domestic abuse cases
1 AN ACT
2To amend and reenact R.S. 46:2136(A)(4), relative to protective orders and consent
3 agreements issued in domestic abuse cases; to provide for a mental health evaluation
4 of a perpetrator of domestic abuse; to remove the authority of the court to order a
5 medical evaluation or counseling of an abused person; and to provide for related
6 matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 46:2136(A)(4) is hereby amended and reenacted to read as follows:
9 ยง2136. Protective orders; content; modification; service
10 A. The court may grant any protective order or approve any consent
11 agreement to bring about a cessation of domestic abuse as defined in R.S. 46:2132,
12 or the threat or danger thereof, to a party, any minor children, or any person alleged
13 to be incompetent, which relief may include but is not limited to:
14 * * *
15 (4)(a) Ordering an additional a medical or mental health opinion regarding
16 a medical evaluation of the defendant or the abused person, or both, perpetrator to
17 be conducted by an independent court-appointed evaluator who qualifies as an expert
18 in the field of domestic abuse. The evaluation shall be conducted by a person who
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HB NO. 773
1 has no family, financial, or prior medical or mental health relationship with the
2 defendant perpetrator or abused person, or their attorneys his attorney of record.
3 (b) If the additional medical opinion medical evaluation is ordered for both
4 the defendant and abused person, two separate evaluators shall be appointed.
5 (c)(b) After an additional a medical or mental health opinion medical
6 evaluation has been completed and a report issued, the court may order counseling
7 or other medical or mental health treatment as deemed appropriate.
8 * * *
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 773 Reengrossed 2018 Regular Session Lyons
Abstract: When a protective order is issued or the court approves a consent agreement to
bring about a cessation of domestic abuse, authorizes the court to order a mental
health evaluation of the perpetrator.
Present law provides that a court may grant a protective order or approve a consent
agreement to bring about the cessation of domestic abuse. Further provides that when
granted the protective order, the court may order a medical opinion regarding a medical
evaluation of the defendant or the abused person, or both, to be conducted by an independent
court-appointed evaluator.
Proposed law removes the courts authority to order a medical opinion regarding a medical
evaluation of the abused person.
Proposed law authorizes the court to order a mental health evaluation of the perpetrator
subject to the same provisions of present law relative to the medical evaluation.
(Amends R.S. 46:2136(A)(4))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Restore present law and remove the proposed law provision that required a
protective order or consent agreement to include an order for a psychiatric
evaluation and other provisions related thereto.
2. Amend present law relative to the ordering of medical opinions and evaluations
to authorize the court to order a medical or mental health evaluation.
The House Floor Amendments to the engrossed bill:
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 773
1. Remove the authority of the court to order a medical or mental health evaluation
or counseling of the abused person.
2. Change the word "defendant" to "perpetrator" throughout.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.