SLS 10RS-739 ORIGINAL
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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. 377
BY SENATOR MORRELL
EVIDENCE. Provides for the burden of proof to introduce evidence under the "forfeiture
of wrongdoing" exception to hearsay. (8/15/10)
AN ACT1
To amend and reenact Code of Evidence Art. 804(B)(7), relative to hearsay exceptions; to2
provide for the burden of proof to introduce evidence; and to provide for related3
matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Evidence Art. 804(B)(7) is hereby amended and reenacted to read6
as follows: 7
Art. 804. Hearsay exceptions; declarant unavailable8
* * *9
B. Hearsay exceptions. The following are not excluded by the hearsay rule10
if the declarant is unavailable as a witness:11
* * *12
(7) (a) Forfeiture by wrongdoing. A statement offered against a party that13
has engaged or acquiesced in wrongdoing that was intended to, and did, procure the14
unavailability of the declarant as a witness.15
(b) A party seeking to introduce statements under the forfeiture by16
wrongdoing hearsay exception shall establish that the party against whom the17 SB NO. 377
SLS 10RS-739 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
statement is offered, engaged in, or acquiesced to wrongdoing by a1
preponderance of the evidence.2
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michael Bell.
DIGEST
Present law provides for the hearsay exception under the forfeiture by wrongdoing.
Proposed law maintains present law and provides for the party seeking to introduce
statements under the forfeiture by wrongdoing hearsay exception will establish that the
statement is offered, engaged in, or acquiesced to wrongdoing by a preponderance of the
evidence.
Effective August 15, 2010.
(Amends C.E. Art. 804(B)(7))