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:
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.