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HB546 • 2026

LAW ENFORCE/OFFICERS: Provides relative to the ability of peace officers to take a person into protective custody

LAW ENFORCE/OFFICERS: Provides relative to the ability of peace officers to take a person into protective custody

Healthcare
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Annie Spell
Last action
2026-05-29
Official status
Signed by the Governor - Act 556
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details about the consequences of incorrect protective custody actions or how 'gravely disabled' will be interpreted, leaving these points as limits and unknowns.

Protective Custody for People in Need

This act allows peace officers and emergency medical service technicians to take people into protective custody if they observe that the person is a danger to themselves or others, based on credible information from third parties.

What This Bill Does

  • Allows peace officers to take someone into protective custody if they see that the person might hurt themselves or others.
  • Requires peace officers to have reasonable grounds before taking someone into protective custody.
  • Specifies that a peace officer can only transport someone to a treatment facility as defined by law.

Who It Names or Affects

  • Peace officers who will have the authority to take people into protective custody.
  • People who might be taken into protective custody if they are a danger to themselves or others.

Terms To Know

Protective Custody
A situation where someone is taken by law enforcement to protect them from harm or to prevent them from harming others.
Emergency Medical Service Trained Technician
A person trained in emergency medical services who can assist peace officers in taking someone into protective custody.

Limits and Unknowns

  • The act does not specify what happens if a peace officer incorrectly takes someone into protective custody.
  • It is unclear how the criteria for 'gravely disabled' will be interpreted and applied by law enforcement.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Plain English: HCAHB546 4921 2334 HOUSE COMMITTEE AMENDMENTS 2026 Regular Session Amendments proposed by House Committee on Health and Welfare to Original House Bill No.

  • HCAHB546 4921 2334 HOUSE COMMITTEE AMENDMENTS 2026 Regular Session Amendments proposed by House Committee on Health and Welfare to Original House Bill No.
  • 546 by Representative Spell 1 AMENDMENT NO.
  • 1 2 On page 2, delete lines 8 through 10 in their entirety and insert the following: 3 "(c) A peace officer shall act in accordance with the provisions of this Section 4 and in accordance with any existing departmental practices or procedures." Page 1 of 1 CODING: Words in struck through type are deletions from existing law; words underscored are additions.

Plain English: HCAHB546 4465 2109 HOUSE COMMITTEE AMENDMENTS 2026 Regular Session Amendments proposed by House Committee on Health and Welfare to Original House Bill No.

  • HCAHB546 4465 2109 HOUSE COMMITTEE AMENDMENTS 2026 Regular Session Amendments proposed by House Committee on Health and Welfare to Original House Bill No.
  • 546 by Representative Spell 1 AMENDMENT NO.
  • 1 2 On page 2, delete lines 8 through 10 in their entirety and insert the following: 3 "(c) A peace officer shall act in accordance with the provisions of this 4 Section and in accordance with any existing departmental practices or procedures." Page 1 of 1 CODING: Words in struck through type are deletions from existing law; words underscored are additions.

Bill History

  1. 2026-05-29 H

    Effective date: 08/01/2026.

  2. 2026-05-29 H

    Signed by the Governor. Becomes Act No. 556.

  3. 2026-05-26 H

    Sent to the Governor for executive approval.

  4. 2026-05-25 S

    Signed by the President of the Senate.

  5. 2026-05-25 H

    Enrolled and signed by the Speaker of the House.

  6. 2026-05-25 H

    Received from the Senate without amendments.

  7. 2026-05-21 S

    Rules suspended. Read by title, passed by a vote of 36 yeas and 0 nays, and ordered returned to the House. Motion to reconsider tabled.

  8. 2026-05-18 S

    Reported without Legislative Bureau amendments. Read by title and passed to third reading and final passage.

  9. 2026-05-14 S

    Read by title and referred to the Legislative Bureau.

  10. 2026-05-13 S

    Reported favorably.

  11. 2026-04-08 S

    Read second time by title and referred to the Committee on Health and Welfare.

  12. 2026-04-07 S

    Received in the Senate. Rules suspended. Read first time by title and placed on the Calendar for a second reading.

  13. 2026-04-07 H

    Read third time by title, roll called on final passage, yeas 97, nays 2. Finally passed, title adopted, ordered to the Senate.

  14. 2026-04-07 H

    Called from the calendar.

  15. 2026-03-30 H

    Scheduled for floor debate on 04/07/2026.

  16. 2026-03-30 H

    Notice given.

  17. 2026-03-30 H

    Read by title, returned to the calendar.

  18. 2026-03-26 H

    Scheduled for floor debate on 03/30/2026.

  19. 2026-03-25 H

    Read by title, amended, ordered engrossed, passed to 3rd reading.

  20. 2026-03-24 H

    Reported with amendments (12-0).

  21. 2026-03-09 H

    Read by title, under the rules, referred to the Committee on Health and Welfare.

  22. 2026-02-27 H

    First appeared in the Interim Calendar on 2/27/2026.

  23. 2026-02-26 H

    Under the rules, provisionally referred to the Committee on Health and Welfare.

  24. 2026-02-26 H

    Prefiled.

Official Summary Text

LAW ENFORCE/OFFICERS: Provides relative to the ability of peace officers to take a person into protective custody

Current Bill Text

Read the full stored bill text
ENROLLED
ACT No. 5562026 Regular Session
HOUSE BILL NO. 546
BY REPRESENTATIVES SPELL, CHASSION, FISHER, JACKSON, AND KNOX
1 AN ACT
2 To amend and reenact R.S. 28:53(L)(1), relative to taking a person into protective custody;
3 to specify the information necessary to authorize a peace officer to take a person into
4 protective custody; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 28:53(L)(1) is hereby amended and reenacted to read as follows:
7 §53. Admission by emergency certificate; extension; payment for services rendered
8 * * *
9 L.(1)(a) A peace officer or a peace officer accompanied by an emergency
10 medical service trained technician may take a person into protective custody and
11 transport him to a treatment facility for a medical evaluation when, as a result of his
12 personal observation, if the peace officer or emergency medical service technician
13 has reasonable grounds reason to believe both of the following: the person is a proper
14 subject for involuntary admission to a treatment facility because the person is acting
15 in a manner dangerous to himself or dangerous to others, is gravely disabled, and is
16 in need of immediate hospitalization to protect such a person or others from physical
17 harm. The person may be transported only to a treatment facility as defined in R.S.
18 28:2.
19 (i) The person is a danger to himself, a danger to others, or gravely disabled.
20 (ii) There is a substantial risk of serious harm to the person or others unless
21 the person is taken into protective custody immediately.
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 546 ENROLLED
1 (b) A peace officer or peace officer accompanied by an emergency medical
2 service trained technician shall form the belief that a person meets the criteria for
3 immediate protective custody based on his observation of the person or a statement
4 from a third party believed to offer credible information relevant to Subparagraph
5 (a) of this Paragraph.
6 (c) A peace officer shall act in accordance with the provisions of this Section
7 and in accordance with any existing departmental practices or procedures.
8 * * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.