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)]
HB 356 Reengrossed 2019 Regular Session Henry
Abstract: Provides relative to visits of the immediate family of an inmate who sustains serious
bodily injury and is admitted to a medical facility.
Present law provides that the secretary of DPS&C may authorize visits and correspondence under
reasonable conditions between inmates and approved friends, relatives, and other persons.
Proposed law retains present law.
Present law provides that if an inmate sustains serious bodily injury that requires admittance to an
intensive care unit (ICU) or trauma center, the warden or other governing authority of the
correctional facility, jail, or other detention facility must attempt to notify the inmate's immediate
family within eight hours of the medical decision to transport the inmate to the ICU or trauma center.
Present law further provides that if an inmate sustains serious bodily injury that requires admittance
to an ICU or trauma center, a member of the inmate's immediate family must be granted visitation
with the inmate for the duration of the inmate's admission to the ICU or trauma center, unless the
warden or other governing authority of the inmate's correctional facility, jail, or other detention
facility provides written notice, within six hours of the inmate's admission to the ICU or trauma
center, to any immediate family member seeking visitation on why such visitation cannot be granted.
Proposed law changes the references of "intensive care unit" and "trauma center" to "medical
facility". Further requires visits to be granted daily for the duration of the inmate's admission to the
medical facility, unless notice is provided to any immediate family of the inmate as to why such
visitation cannot be granted pursuant to present law.
Proposed law further requires the visitation to follow all security procedures and policies of the
correctional facility, jail, or other detention center and the medical facility where the inmate is being
housed.
Present law provides for definitions of "immediate family" and "serious bodily injury".
Proposed law amends the present law definitions to read as follows:
(1)"Serious bodily injury" means bodily injury that involves protracted and obvious
disfigurement, or protracted loss or impairment of the function of a bodily member, organ,
or mental faculty, or a substantial risk of death. (2)"Immediate family" means a spouse, child, parent, stepparent, sibling, stepsibling,
grandchild, or grandparent of the inmate. If all persons defined as "immediate family" are
deceased, then the term shall also include siblings of the inmate's parents.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 15:833(A)(1)(b) and (c)(i), (ii), and (iii); Adds R.S. 15:833(A)(1)(c)(vi))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Change present law references of "intensive care unit" and "trauma center" to "medical
facility".
2. Reinstate the present law definition of "serious bodily injury" but amend the definition
to exclude unconsciousness and extreme physical pain.
3. Reinstate the present law definition of "immediate family" but amend the definition to
include siblings of the inmate's parents under certain circumstances.
4. Require the visitation to follow all security procedures and policies of the correctional
facility, jail, or other detention center and the medical facility where the inmate is
housed.