Louisiana 2023 2023 Regular Session

Louisiana House Bill HB376 Comm Sub / Analysis

                    SSHB376 3351 4031
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 376	2023 Regular Session	Boyd
DOMESTIC ABUSE:  Provides relative to protective orders
Synopsis of Senate Amendments
1.Restores the present law mandatory duty of the clerk to transmit the Uniform
Abuse Prevention Order and to send a copy to the chief law enforcement
officer.
2.Changes the deadlines for transmission of protective orders by the clerk of court
from permissive to mandatory.
3.Adds an effective date.
Digest of Bill as Finally Passed by Senate
Present law provides that the clerk of the issuing court may 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, 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.
Present law 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 next business 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 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.  Proposed law further provides that, to avoid
delays in entry, the office has the authority to authorize agencies to enter protection orders
directly into the registry when certain conditions or criteria exist.
Effective Aug. 1, 2024.
(Amends R.S. 46:2136(H) and 2136.2(D); Adds R.S. 46:2136.2(G))
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