ENROLLED
ACT No. 697
2018 Regular Session
HOUSE BILL NO. 773
BY REPRESENTATIVE LYONS
1 AN ACT
2 To 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.
7 Be 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 either a medical or mental health opinion
16 regarding a medical evaluation or both of the defendant or the abused person, or
17 both, perpetrator to be conducted by an independent court-appointed evaluator who
18 qualifies as an expert in the field of domestic abuse. The evaluation shall be
19 conducted by a person who has no family, financial, or prior medical or mental
20 health relationship with the defendant perpetrator or abused person, or their attorneys
21 his attorney of record.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 773 ENROLLED
1 (b) If the additional medical opinion medical evaluation is ordered for both
2 the defendant and abused person, two separate evaluators shall be appointed.
3 (c)(b) After an additional a medical or mental health opinion medical
4 evaluation has been completed and a report issued, the court may order counseling
5 or other medical or mental health treatment as deemed appropriate.
6 * * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.