This bill amends R.S. 28:53(L)(1) to clarify the criteria under which a peace officer or an emergency medical service technician can take a person into protective custody for a medical evaluation. The new language specifies that a peace officer may take such action if they have reason to believe that the individual is either a danger to themselves, a danger to others, or gravely disabled, and that there is a substantial risk of serious harm unless the person is taken into protective custody immediately. This replaces the previous requirement of "reasonable grounds" and the more vague criteria regarding the person's behavior.
Additionally, the bill outlines that the belief regarding the need for protective custody can be formed based on the officer's observation or credible statements from third parties. It also emphasizes that peace officers must act in accordance with the provisions of this section and any existing departmental practices or procedures. Overall, the amendments aim to provide clearer guidelines for law enforcement when dealing with individuals in crisis situations.
Statutes affected: HB546 Original: 28:53(L)(1)
HB546 Engrossed: 28:53(L)(1)
HB546 Enrolled: 28:53(L)(1)
HB546 Act 556: 28:53(L)(1)