HLS 23RS-832 ENGROSSED
2023 Regular Session
HOUSE BILL NO. 376
BY REPRESENTATIVES BOYD AND KNOX
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
DOMESTIC ABUSE: Provides relative to protective orders
1 AN ACT
2To amend and reenact R.S. 46:2136(H) and 2136.2(D) and to enact R.S. 46:2136.2(G),
3 relative to protective orders; to provide for the time in which a protective order is
4 transmitted; to provide for immediate entry of protective orders; and to provide for
5 related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 46:2136(H) and 2136.2(D) are hereby amended and reenacted to
8read as follows and R.S. 46:2136.2(G) is hereby enacted to read as follows:
9 §2136. Protective orders; content; modification; service
10 * * *
11 H. The clerk of the issuing court shall transmit the Uniform Abuse
12 Prevention Order to the judicial administrator's office, Louisiana Supreme Court, for
13 entry into the Louisiana Protective Order Registry, as provided in R.S. 46:2136.2(A),
14 by facsimile transmission or direct electronic input as expeditiously as possible, but
15 no later than the end of the next business calendar day after the order is filed with the
16 clerk of court. The clerk of the issuing court shall also send a copy of the Uniform
17 Abuse Prevention Order, as provided in R.S. 46:2136.2(C), or any modification
18 thereof, to the chief law enforcement officer of the parish where the person or
19 persons protected by the order reside by facsimile transmission or direct electronic
20 input as expeditiously as possible, but no later than the end of the next business
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HB NO. 376
1 calendar day after the order is filed with the clerk of court. A copy of the Uniform
2 Abuse Prevention Order shall be reviewed by the law enforcement agency and shall
3 be retained on file in the office of the chief law enforcement officer until otherwise
4 directed by the court.
5 * * *
6 §2136.2. Louisiana Protective Order Registry
7 * * *
8 D. The clerk of the issuing court shall immediately send a copy of the order
9 or any modification thereof to the Louisiana Protective Order Registry and to the
10 chief law enforcement officer of the parish in which the person or persons protected
11 by the order reside as expeditiously as possible but no later than by the end of the
12 next business calendar day after the order is filed with the clerk of court. Transmittal
13 of the Uniform Abuse Prevention Order shall be made by facsimile transmission or
14 direct electronic input as expeditiously as possible, but no later than the end of the
15 next business calendar day after the order is filed with the clerk of court.
16 * * *
17 G. The judicial administrator's office shall develop policies and procedures
18 that provide for immediate entry of protection orders received by the office to
19 include those received after two hours. To avoid delays in entry, the office shall
20 have the authority to authorize agencies to enter protective orders directly into the
21 registry when certain conditions or criteria exist.
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 376 Engrossed 2023 Regular Session Boyd
Abstract: Provides relative to protective orders and the time in which the orders are to be
transmitted or entered.
Present law (R.S. 46:2136(H)) provides that the clerk of the issuing court shall transmit the
Uniform Abuse Prevention Order to the judicial administrator's office, La. Supreme Court,
for entry into the La. Protective Order Registry by facsimile transmission or direct electronic
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 376
input as expeditiously as possible, but no later than the end of the next business day after the
order is filed with the clerk of court.
Proposed law changes present law by providing that the clerk shall transmit the order to the
judicial administrator's office no later than the end of the next calendar day after the order
is filed with the clerk of court.
Present law (R.S. 46:2136.2(D)) provides that the clerk of the issuing court shall
immediately send a copy of the order or any modification thereof to the La. Protective Order
Registry and to the chief law enforcement officer of the parish in which the person or
persons protected by the order reside as expeditiously as possible but no later than the end
of the next calendar day after the order is filed with the clerk of court.
Proposed law changes present law by providing that the clerk shall send a copy of the order
no later than the next calendar day after the order is filed with the clerk of court.
Proposed law (R.S. 46:2136.2(G)) provides that the judicial administrator's office shall
develop policies and procedures that provide for immediate entry of protection orders
received by the office to include those received after two hours. To avoid delays in entry,
the office shall have the authority to authorize agencies to enter protection orders directly
into the registry when certain conditions or criteria exist.
(Amends R.S. 46:2136(H) and 2136.2(D); Adds R.S. 46:2136.2(G))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Judiciary to the original
bill:
1. Remove the requirement that the clerk of court transmit the protective order by
facsimile to the judicial administrator's office.
2. Change the filing requirement from two hours to the end of the next calendar
day.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.