Louisiana 2019 2019 Regular Session

Louisiana House Bill HB36 Comm Sub / Analysis

                    RÉSUMÉ DIGEST
ACT 417 (HB 36) 2019 Regular Session	Stefanski
Existing 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.
Existing 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. 
Existing 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.
New law retains existing 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 new law shall be referred to as "Heather's Law".
Effective August 1, 2019.
(Amends R.S. 46:2135(H) and 2136(H); Adds R.S. 46:2135(J) and 2136(I))