GREEN SHEET REDIGEST
HB 773 2018 Regular Session Lyons
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
DOMESTIC ABUSE: Provides relative to a mental health evaluation upon the
issuance of a protective order in domestic abuse cases
DIGEST
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. Proposed
law further provides that the court may order either a medical evaluation or a mental health
evaluation or both.
(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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
reengrossed bill
1. Clarify that proposed law allows for either a medical evaluation or a mental
health evaluation or both.
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Prepared by Alden A. Clement, Jr.