SLS 13RS-333 ENGROSSED
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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, 2013
SENATE BILL NO. 70
BY SENATORS KOSTELKA, DORSEY-COLOMB, GUILLORY, MILLS AND PERRY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME/PUNISHMENT. Provides relative to the crime of domestic abuse battery. (gov sig)
AN ACT1
To enact R.S. 14:35.3(B)(4) and (M), relative to the crime of domestic abuse battery; to2
provide that domestic abuse battery committed by burning of the victim constitutes3
a crime of violence; to provide definitions; to provide penalties; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:35.3(B)(4) and (M) are hereby enacted to read as follows: 7
ยง35.3. Domestic abuse battery8
* * *9
B. For purposes of this Section:10
* * *11
(4) "Serious bodily injury" means bodily injury that involves12
unconsciousness, extreme physical pain, or protracted and obvious13
disfigurement, or protracted loss or impairment of the function of a bodily14
member, organ, or mental faculty, or a substantial risk of death.15
* * *16
M. Notwithstanding any other provision of law to the contrary, if the17 SB NO. 70
SLS 13RS-333 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
domestic abuse battery is committed by burning that results in serious bodily1
injury, the offense shall be classified as a crime of violence and the offender2
shall be imprisoned at hard labor for not less than five nor more than fifty years3
without benefit of probation, parole, or suspension of sentence.4
Section 2. This Act shall become effective upon signature by the governor or, if not5
signed by the governor, upon expiration of the time for bills to become law without signature6
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If7
vetoed by the governor and subsequently approved by the legislature, this Act shall become8
effective on the day following such approval.9
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Kostelka (SB 70)
Present law provides relative to the crime of domestic abuse battery and provides definitions
relative to that crime.
Proposed law retains present law and adds that if the domestic abuse battery is committed
by burning of the victim that results in serious bodily injury, the offense will be classified
as a crime of violence under present law and the offender is to be imprisoned at hard labor
for not less than five nor more than 50 years without benefit of probation, parole, or
suspension of sentence.
Proposed law defines "serious bodily injury" as bodily injury that involves unconsciousness,
extreme physical pain, or protracted and obvious disfigurement, or protracted loss or
impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk
of death.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 14:35.3(B)(4) and (M))