HLS 19RS-84 REENGROSSED
2019 Regular Session
HOUSE BILL NO. 36
BY REPRESENTATIVE STEFANSKI
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
DOMESTIC ABUSE: Provides relative to temporary restraining orders and protective
orders in domestic abuse cases
1 AN ACT
2To amend and reenact R.S. 46:2135(H) and 2136(H) and to enact R.S. 46:2135(J) and
3 2136(I), relative to domestic abuse; to provide relative to the issuance of a temporary
4 restraining order or protective order in domestic abuse cases; to require certain notice
5 to be given to the petitioner; to provide relative to the duty of law enforcement upon
6 receipt of a copy of a Uniform Abuse Prevention Order; and to provide for related
7 matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 46:2135(H) and 2136(H) are hereby amended and reenacted and R.S.
1046:2135(J) and 2136(I) are hereby enacted to read as follows:
11 §2135. Temporary restraining order
12 * * *
13 H. The clerk of the issuing court shall transmit the Uniform Abuse
14 Prevention Order to the judicial administrator's office, Louisiana Supreme Court, for
15 entry into the Louisiana Protective Order Registry, as provided in R.S. 46:2136.2(A),
16 by facsimile transmission or direct electronic input as expeditiously as possible, but
17 no later than the end of the next business day after the order is filed with the clerk
18 of court. The clerk of the issuing court shall also send a copy of the Uniform Abuse
19 Prevention Order, as provided in R.S. 46:2136.2(C), or any modification thereof, to
20 the chief law enforcement officer of the parish where the person or persons protected
Page 1 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-84 REENGROSSED
HB NO. 36
1 by the order reside by facsimile transmission or direct electronic input as
2 expeditiously as possible, but no later than the end of the next business day after the
3 order is filed with the clerk of court. A copy of the Uniform Abuse Prevention Order
4 shall be reviewed by the law enforcement agency and shall be retained on file in the
5 office of the chief law enforcement officer until otherwise directed by the court.
6 * * *
7 J. Upon filing a petition for a temporary restraining order, regardless of
8 whether the court grants the temporary restraining order, the clerk of court shall
9 notify the petitioner of his right to initiate criminal proceedings and shall inform the
10 petitioner that the granting of a temporary restraining order pursuant to the
11 provisions of this Section does not automatically file criminal charges against the
12 defendant.
13 §2136. Protective orders; content; modification; service
14 * * *
15 H. The clerk of the issuing court shall transmit the Uniform Abuse
16 Prevention Order to the judicial administrator's office, Louisiana Supreme Court, for
17 entry into the Louisiana Protective Order Registry, as provided in R.S. 46:2136.2(A),
18 by facsimile transmission or direct electronic input as expeditiously as possible, but
19 no later than the end of the next business day after the order is filed with the clerk
20 of court. The clerk of the issuing court shall also send a copy of the Uniform Abuse
21 Prevention Order, as provided in R.S. 46:2136.2(C), or any modification thereof, to
22 the chief law enforcement officer of the parish where the person or persons protected
23 by the order reside by facsimile transmission or direct electronic input as
24 expeditiously as possible, but no later than the end of the next business day after the
25 order is filed with the clerk of court. A copy of the Uniform Abuse Prevention Order
26 shall be reviewed by the law enforcement agency and shall be retained on file in the
27 office of the chief law enforcement officer until otherwise directed by the court.
28 I. At the proceeding, regardless of whether the court grants the protective
29 order, the court shall notify the petitioner of his right to initiate criminal proceedings
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-84 REENGROSSED
HB NO. 36
1 and shall inform the petitioner that the granting of a protective order pursuant to the
2 provisions of this Section does not automatically file criminal charges against the
3 defendant.
4 Section 2. The provisions of this Act shall be referred to as "Heather's Law".
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 36 Reengrossed 2019 Regular Session Stefanski
Abstract: Requires certain notification to be given to the petitioner for a temporary
restraining order or protective order in domestic abuse cases, and provides relative
to the duty of law enforcement upon receipt of a Uniform Abuse Prevention Order.
Present law provides that upon the issuance of a temporary restraining order or protective
order in domestic abuse cases, the judge shall cause to have prepared a Uniform Abuse
Prevention Order, shall sign such order, and shall immediately forward it to the clerk of
court for filing on the day that the order is issued.
Present law further requires the clerk of the issuing court to transmit the Uniform Abuse
Prevention Order to the judicial administrator's office, La. Supreme Court, for entry into the
La. Protective Order Registry, and to send a copy of the Uniform Abuse Prevention Order,
or any modification thereof, to the chief law enforcement officer of the parish where the
person or persons protected by the order reside by facsimile transmission or direct electronic
input as expeditiously as possible.
Present law provides that a copy of the Uniform Abuse Prevention Order shall be retained
on file in the office of the chief law enforcement officer until otherwise directed by the court.
Proposed law retains present law and does all of the following:
(1)Adds that the copy of the Uniform Abuse Prevention Order sent to the chief law
enforcement officer shall be reviewed by the law enforcement agency upon receipt.
(2)Requires the petitioner to be notified of the right to initiate criminal proceedings and
to be informed that the granting of a temporary restraining order or protective order
does not automatically file criminal charges against the defendant.
Provides that proposed law shall be referred to as "Heather's Law".
(Amends R.S. 46:2135(H) and 2136(H); Adds R.S. 46:2135(J) and 2136(I))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Change the proposed law provision regarding the required notice given to the
petitioner to provide that the granting of a temporary restraining order or
protective order does not automatically file criminal charges.
Page 3 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-84 REENGROSSED
HB NO. 36
2. Provide that proposed law shall be referred to as "Heather's Law".
The House Floor Amendments to the engrossed bill:
1. Make technical corrections.
Page 4 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.