Louisiana 2025 2025 Regular Session

Louisiana House Bill HB409 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 409 Original	2025 Regular Session	LaFleur
Abstract:  Clarifies that certain powers and duties of commissioners of the 19th JDC shall be
assigned only when necessary or is a condition of bail or is required by statute. Removes
certain powers and duties of the commissioners with regard to hearings for protective order
injunctions as well as the administration of oaths, affidavits, and protective orders.
Present law provides that the duties of a commissioner of the 19th JDC shall include hearings and
making recommendations of dispositions of any civil, criminal, or domestic violence matter assigned
to any judge of the 19th JDC.
Proposed law retains present law but clarifies that these duties shall only be assigned when
necessary.
Present law provides that in criminal matters the commissioners may hear preliminary motions prior
to filing the bill of information or indictment and may make recommendations to the district judge.
Proposed law retains present law and further provides that the commissioner may dispose of
preliminary motions but may only hear and dispose of preliminary motions when necessary.
Present law provides that a commissioner may review and act on petitions for protective orders and
matters of domestic violence, including the issuance of a temporary order of protection or restraint
until a hearing may be conducted.
Proposed law changes present law to provide that a commissioner may issue a protective order if the
protective order is a condition of bail or is required by statute.
Present law provides that a commissioner may administer oaths, take acknowledgments, affidavits
and depositions, review and act on petitions for protective orders, conduct hearings regarding
protective orders, and make recommendations to the district judge for the issuance of a preliminary
or permanent injunction.
Proposed law retains present law but repeals the authority of the commissioner to make
recommendations to the district judge for the issuance of a preliminary or permanent injunction.
Present law provides that a commissioner may conduct hearings on protective orders and make
recommendations to the district judge for the issuance of a preliminary or permanent injunction. Proposed law repeals present law.
(Amends R.S. 13:713(A) and (B)(2)(e) and (l) and (3)(d); Repeals R.S. 13:713(B)(2)(m))