Louisiana 2018 2018 Regular Session

Louisiana Senate Bill SB548 Comm Sub / Analysis

                    The original instrument was prepared by James Benton. The following digest, which
does not constitute a part of the legislative instrument, was prepared by Linda
Nugent.
DIGEST
SB 548 Reengrossed 2018 Regular Session	Boudreaux
Proposed law provides that any district attorney, alone or working with the district attorney of an
adjacent judicial district, may create a pretrial diversion program for defendants charged with a
nonviolent misdemeanor offense that qualify as veterans diagnosed with PTSD.
Proposed law will apply whenever a case is before a court alleging the commission of a felony that
is not a crime of violence or a misdemeanor offense, and both of the following criteria are satisfied:
(1)The individual is a veteran.
(2)The defendant has been diagnosed with PTSD as a result of military service and provides
documentation of his diagnosis.
Proposed law provides that at the discretion of the district attorney, after costs associated with the
administration of the program are paid, a portion of all remaining monies collected may be
distributed to entities within the judicial district, or within the judicial districts participating in the
program, that provide rehabilitative services and treatment to veterans who have been diagnosed with
PTSD.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 15:244)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the original bill
1. Makes technical changes.
2. Removes the requirement that each district attorney create a military pretrial
diversion program and makes the creation of such program permissive.
3. Clarifies that a veteran cannot be charged with a felony that is defined as a crime of
violence in present law to be eligible for the program.
4. Requires the veteran to provide documentation of his diagnosis.
5. Provides that remaining monies may be distributed to entities that provide rehabilitative services and treatment to veterans diagnosed with post traumatic stress
disorder.
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Legislative Bureau technical amendment.