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))