RDCSB72 3356 3628
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
SB 72 Engrossed 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 limitations of civil
liability 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 limitations of civil liability to law enforcement agencies
and its officers for acts done in good faith while executing an order of protective custody.
Proposed law provides that such limitation does not apply in instances of gross negligence
or willful and wanton misconduct. Further provides that the limitation of civil liability does
not extend to injuries or damages sustained by a third party physically injured during the
execution of a request and order for protective custody.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 28:53.2(G))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the engrossed bill:
1. Change references from "civil immunity" to "limitation of civil liability".
2. Provide that the limitation of civil liability does not extend to an elected coroner
and his support staff, and the executing law enforcement agency and its officers
in instances of gross negligence and willful and wanton misconduct.
3. Clarify that the limitation of civil liability does not extend to injuries or damages
sustained by a third party physically injured during the execution of a request and
order for protective custody.
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