Louisiana 2023 2023 Regular Session

Louisiana House Bill HB376 Comm Sub / Analysis

                    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 Reengrossed 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 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 may 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 may 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 the next calendar day. 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.
The House Floor Amendments to the engrossed bill:
1. Change the deadlines for transmission of protective orders by the clerk of court from
mandatory to permissive.