Louisiana 2023 Regular Session

Louisiana House Bill HB376 Latest Draft

Bill / Chaptered Version

                            ENROLLED
ACT No. 309
2023 Regular Session
HOUSE BILL NO. 376
BY REPRESENTATIVES BOYD, BRASS, CARPENTER, FISHER, FREEMAN,
GLOVER, HUGHES, JEFFERSON, KNOX, LAFLEUR, LANDRY, LARVADAIN,
LYONS, NEWELL, SELDERS, AND WILLARD AND SENATORS ABRAHAM,
BARROW, CARTER, FOIL, KLEINPETER, AND MIZELL
1	AN ACT
2 To 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.
6 Be 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
8 read 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
21 calendar day after the order is filed with the clerk of court.  A copy of the Uniform
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 376	ENROLLED
1 Abuse Prevention Order shall be reviewed by the law enforcement agency and shall
2 be reviewed by the law enforcement agency and shall be retained on file in the office
3 of the chief law enforcement officer until otherwise directed by the court.
4	*          *          *
5 §2136.2.  Louisiana Protective Order Registry
6	*          *          *
7	D.  The clerk of the issuing court shall immediately send a copy of the order
8 or any modification thereof to the Louisiana Protective Order Registry and to the
9 chief law enforcement officer of the parish in which the person or persons protected
10 by the order reside as expeditiously as possible but no later than by the end of the
11 next business calendar day after the order is filed with the clerk of court.  Transmittal
12 of the Uniform Abuse Prevention Order shall be made by facsimile transmission or
13 direct electronic input as expeditiously as possible, but no later than the end of the
14 next business calendar day after the order is filed with the clerk of court.
15	*          *          *
16	G.  The judicial administrator's office shall develop policies and procedures
17 that provide for immediate entry of protection orders received by the office to
18 include those received the next calendar day.  To avoid delays in entry, the office
19 shall have the authority to authorize agencies to enter protective orders directly into
20 the registry when certain conditions or criteria exist.
21 Section 2. This Act shall become effective on August 1, 2024.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:  
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.