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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 ENROLLED
SENATE BILL NO. 377
BY SENATOR MORRELL
AN ACT1
To amend and reenact Code of Evidence Article 804(B)(7), relative to hearsay exceptions;2
to 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 Article 804(B)(7) is hereby amended and reenacted to6
read 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, by a preponderance of the17
evidence, that the party against whom the statement is offered, engaged or18
acquiesced in the wrongdoing.19
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
ACT No. 543