Louisiana 2022 2022 Regular Session

Louisiana Senate Bill SB255 Comm Sub / Analysis

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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 255 Engrossed 2022 Regular Session	Barrow
Present law provides that all court costs and fees incurred in maintaining or defending any
proceeding concerning domestic abuse assistance in juvenile, family, and civil courts are to
be paid by the perpetrator of the domestic violence, including all costs of medical and
psychological care for the abused adult, or for any of the children, necessitated by the
domestic violence.
Proposed law retains present law.
Present law provides that if the court determines that a petition in a domestic abuse case was
frivolous, the court may order the nonprevailing party to pay all court costs and reasonable
attorney fees of the other party.
Proposed law retains present law and adds that for purposes of present law, provides that
failure to appear at a hearing on the petition for a protective order shall not on its own
constitute grounds for assessing court costs and fees against the petitioner.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends Ch.C. Art. 1570.1 and R.S. 46:2136.1)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Makes technical changes.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the engrossed bill:
1. Remove the definition of "frivolous claim".
2. Provide that the failure to appear on its own is not grounds to assess costs or fees.
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