SLS 18RS-222 ORIGINAL
2018 Regular Session
SENATE BILL NO. 72
BY SENATOR MARTINY
MENTAL HEALTH. Provides relative to the execution of an order for protective custody
and examination. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 28:53.2(G), relative to the execution of an order for protective
3 custody and examination; to provide certain procedures, terms, and conditions; to
4 provide relative to law enforcement; to provide relative to certain civil immunity;
5 and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 28:53.2(G) is hereby amended and reenacted to read as follows:
8 ยง53.2. Order for custody; grounds; civil liability; criminal penalty for making a false
9 statement
10 * * *
11 G.(1) If refused or obstructed from admittance, any elected coroner or his
12 support staff, accompanied by a law enforcement officer, who has announced his
13 authority and purpose, may apply to a court of competent jurisdiction for an order
14 to break open an outer or inner door or window of any vehicle, water craft, aircraft,
15 structure or dwelling in order to restrain and transport the person subject to a request
16 and order for protective custody and examination after a mental health professional
17 has intervened and attempted to counsel the person regarding his voluntary
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 72
SLS 18RS-222 ORIGINAL
1 surrender.
2 (2) The application for a court order allowing forcible entry pursuant to
3 Paragraph (1) of this Subsection shall be accompanied by a copy of the order for
4 protective custody and an affidavit of the coroner or his support staff reciting facts
5 establishing probable cause for forced entry. In exceptional circumstances, the facts
6 supporting the order and the exceptional circumstances may be relayed orally,
7 including telephonically, to the judge, and the order of the judge may be issued
8 orally. In such cases, a copy of the order for protective custody and an affidavit
9 containing the information relayed orally to the judge, including any telephonic
10 communication, shall be provided to the judge within twenty-four hours of taking the
11 person into protective custody. Upon the timely presentation of the copy of the order
12 for protective custody and the affidavit of the oral communications, the judge shall
13 issue a written order acknowledging receipt of the required information and of his
14 oral order allowing forcible entry.
15 (3) Any elected coroner or his support staff, accompanied by a law
16 enforcement officer required to make a forceful entry to comply with a request and
17 order for protective custody shall be immune from civil liability for or resulting from
18 any act, decision, omission, communication, or any act or failure to act, made in
19 good faith while engaged in the performance of his duty.
20 (4) The civil immunity provided for in this Subsection shall not extend to any
21 action for the serious bodily injury or wrongful death occasioned as a result of the
22 restraint or transportation of the person subject to the request and order for protective
23 custody. Neither shall such immunity from civil liability extend to actions by any
24 third party who is physically injured during the execution of a request and order for
25 protective custody.
26 G.(1) If a law enforcement officer who has announced his authority and
27 purpose of executing an order for protective custody and examination is refused
28 or obstructed from admittance, and a mental health professional has intervened
29 and attempted to counsel the person regarding his voluntary surrender to no
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 72
SLS 18RS-222 ORIGINAL
1 avail, any elected coroner or his support staff may apply to a court of competent
2 jurisdiction for an order allowing a law enforcement officer to break open an
3 outer or inner door or window of any vehicle, watercraft, aircraft, structure, or
4 dwelling in order to restrain and transport the person subject to a request and
5 order for protective custody examination.
6 (2) The application for a court order pursuant to this Subsection shall be
7 accompanied by a copy of the order for protective custody and an affidavit of
8 the coroner or his support staff reciting facts establishing probable cause for
9 forcible entry. In exceptional circumstances, such facts may be relayed to the
10 judge, by telephone or other electronic communication and the order of the
11 judge may be issued orally. In such cases, a copy of the order for protective
12 custody and an affidavit containing the information relayed to the judge shall
13 be provided to the judge within twenty-four hours of taking the person into
14 protective custody. Upon the timely presentation of the copy of the order for
15 protective custody and the affidavit, the judge shall issue a written order
16 acknowledging receipt of the information and the issuance of an oral order
17 allowing forcible entry.
18 (3) Except as provided in Paragraph (4) of this Subsection, any elected
19 coroner and his support staff, and the executing law enforcement agency and
20 its officers, shall be immune from civil liability for an action arising from any
21 act, decision, omission, communication, or any act or failure to act, made in
22 good faith while engaged in the performance of their duty to obtain or execute
23 the order allowing the forcible entry or the restraining or transportation of the
24 subject for protective custody and examination.
25 (4) The civil immunity provided for in this Subsection shall not extend
26 to any action for the serious bodily injury or wrongful death occasioned as a
27 result of the restraint or transportation of the person subject to the request and
28 order for protective custody. Neither shall such immunity from civil liability
29 extend to actions towards any third party who is physically injured during the
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 72
SLS 18RS-222 ORIGINAL
1 execution of a request and order for protective custody. The limitation of
2 immunity provided for in this Subsection is not intended to limit or prohibit
3 civil immunity otherwise granted by law.
4 * * *
5 Section 2. This Act shall become effective upon signature by the governor or, if not
6 signed by the governor, upon expiration of the time for bills to become law without signature
7 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
8 vetoed by the governor and subsequently approved by the legislature, this Act shall become
9 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Xavier I. Alexander.
DIGEST
SB 72 Original 2018 Regular Session Martiny
Present law provides relative to persons suffering from mental illness or disorders.
Present law provides procedures when executing an order for protective custody and the use
of forced entry when executing a protective order. Further provides for civil immunity for
law enforcement agencies when executing an order of protective custody.
Proposed law provides that a coroner or his staff may apply to the court for an order of
protective custody that allows law enforcement to use forced entry to gain access into
premises when executing an order of protective custody.
Proposed law further provides for accompanying documents for an order for protective
custody and provides for both oral and telephonic orders of protections under exceptional
circumstances.
Proposed law further provides for immunity from civil liability to law enforcement agencies
and its officers for acts done in good faith while executing an order of protective custody.
Further provides certain exceptions for serious bodily injury or wrongful death, and for acts
to third parties.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 28:53.2(G))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.