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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, 2012 ENROLLED
SENATE BILL NO. 121
BY SENATORS KOSTELKA, GUILLORY, MILLS, PERRY, ALARIO, ALLAIN,
APPEL, BROOME, BUFFINGTON, CORTEZ, CROWE, LONG,
MARTINY, MURRAY, NEVERS, PEACOCK, RISER, JOHN SMITH,
TARVER, THOMPSON, WALSWORTH AND WHI TE
AN ACT1
To amend and reenact R.S. 14:35.3(G)(2) and to enact R.S. 14:37.7, relative to assault and2
battery affecting domestic household members; to create the crime of domestic abuse3
aggravated assault; to provide for enhancement of penalties when a minor under the4
age of thirteen is present during the commission of the crime; to provide relative to5
the cleansing period for prior domestic abuse battery convictions; to provide for6
definitions; to provide for penalties; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 14:35.3(G)(2) is hereby amended and reenacted and R.S. 14:37.7 is9
hereby enacted to read as follows: 10
§35.3. Domestic abuse battery11
* * *12
G.(1) * * *13
(2) For purposes of this Section, a prior conviction shall not include a14
conviction for an offense under this Section if the date of completion of sentence,15
probation, parole, or suspension of sentence is committed more than ten years16
prior to the commission of the crime for with which the defendant is being tried17
charged, and such conviction shall not be considered in the assessment of penalties18
hereunder. However, periods of time during which the offender was incarcerated in19
a penal institution in this or any other state shall be excluded in computing the ten-20
year period.21
* * *22
§37.7. Domestic abuse aggravated assault23
A. Domestic abuse aggravated assault is an assault with a dangerous24
weapon committed by one household member upon another household member.25
ACT No. 535 SB NO. 121 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
B. For purposes of this Section, "household member" means any person1
of the opposite sex presently living in the same residence, or living in the same2
residence within five years of the occurrence of the domestic abuse aggravated3
assault, with the defendant as a spouse, whether married or not, or any child4
presently living in the same residence or living in the same residence within five5
years immediately prior to the occurrence of the domestic abuse aggravated6
assault, or any child of the offender regardless of where the child resides.7
C. Whoever commits the crime of domestic abuse aggravated assault8
shall be imprisoned at hard labor for not less than one year nor more than five9
years and fined not more than five thousand dollars.10
D. This Subsection shall be cited as the "Domestic Abuse Aggravated11
Assault Child Endangerment Law". When the state proves, in addition to the12
elements of the crime as set forth in Subsection A of this Section, that a minor13
child thirteen years of age or younger was present at the residence or any other14
scene at the time of the commission of the offense, the mandatory minimum15
sentence imposed by the court shall be two years imprisonment at hard labor16
without benefit of parole, probation, or suspension of sentence.17
Section 2. This Act shall become effective upon signature by the governor or, if not18
signed by the governor, upon expiration of the time for bills to become law without signature19
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If20
vetoed by the governor and subsequently approved by the legislature, this Act shall become21
effective on the day following such approval.22
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: