SLS 10RS-741 ORIGINAL
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 373
BY SENATOR MORRELL
EVIDENCE. Provides for burden of proof of prior crimes. (8/15/10)
AN ACT1
To amend and reenact Code of Evidence Art. 1104, relative to evidence; to provide for2
burden of proof of prior crimes; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. Code of Evidence Art. 1104 is hereby amended and reenacted to read as5
follows: 6
Art. 1104. State v. Prieur; pretrial; burden of proof7
The burden of proof in a pretrial hearing held in accordance with State v. Prieur, 277 So.2d8
126 (La. 1973), shall be identical to the burden of proof required by Federal Rules of9
Evidence Article IV, Rule 404. proof by a preponderance of the evidence.10 SB NO. 373
SLS 10RS-741 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Heyward Jeffers.
DIGEST
Present law provides that the burden of proof of prior crimes shall be identical to the burden
of proof required by Federal Rules of Evidence Article IV, Rule 404.
Proposed law removes the proof required by Federal Rules of Evidence Article IV, Rule 404
and replaces it with the burden of proof by a preponderance of the evidence.
Effective August 15, 2010.
(Amends C.E. Art. 1104)