House Bill No. 546 amends R.S. 28:53(L)(1) to clarify the conditions under which peace officers can take a person into protective custody. The bill specifies that a peace officer, or one accompanied by an emergency medical service technician, may take a person into protective custody if they have reason to believe that the individual is a danger to themselves, a danger to others, or gravely disabled. Additionally, the officer must determine that there is a substantial risk of serious harm unless the person is taken into custody immediately. The bill also allows officers to form this belief based on their observations or credible information from third parties.
Furthermore, the proposed law retains the requirement that a peace officer must transport the individual to a treatment facility and adds that they must act in accordance with existing departmental practices and procedures. This amendment aims to ensure that peace officers have clear guidelines and support when making decisions about protective custody, thereby enhancing the safety of both the individual in question and the community.
Statutes affected: HB546 Original: 28:53(L)(1)
HB546 Engrossed: 28:53(L)(1)