SLS 13RS-333 REENGROSSED
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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, BROOME, DORSEY-COLOMB, GUILLORY, MILLS,
PERRY AND WALSWORTH
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 amend and reenact R.S. 14:35.3(B)(3) and to enact R.S. 14:35.3(B)(4) and (M), relative2
to the crime of domestic abuse battery; to provide that domestic abuse battery3
committed by burning of the victim constitutes a crime of violence; to provide4
definitions; to provide penalties; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:35.3(B)(3) is hereby amended and reenacted and R.S.7
14:35.3(B)(4) and (M) are hereby enacted to read as follows: 8
ยง35.3. Domestic abuse battery9
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B. For purposes of this Section:11
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(3) "Serious bodily injury" means bodily injury that involves13
unconsciousness, extreme physical pain, or protracted and obvious14
disfigurement, or protracted loss or impairment of the function of a bodily15
member, organ, or mental faculty, or a substantial risk of death.16
(4) "Strangulation" means intentionally impeding the normal breathing or17 SB NO. 70
SLS 13RS-333 REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
circulation of the blood by applying pressure on the throat or neck or by blocking the1
nose or mouth of the victim.2
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M. Notwithstanding any other provision of law to the contrary, if the4
domestic abuse battery is committed by burning that results in serious bodily5
injury, the offense shall be classified as a crime of violence, and the offender6
shall be imprisoned at hard labor for not less than five nor more than fifty years7
without benefit of probation, parole, or suspension of sentence.8
Section 2. This Act shall become effective upon signature by the governor or, if not9
signed by the governor, upon expiration of the time for bills to become law without signature10
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If11
vetoed by the governor and subsequently approved by the legislature, this Act shall become12
effective on the day following such approval.13
The original instrument was prepared by Alden A. Clement, Jr. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Tammy Crain-Waldrop.
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.
(Amends R.S. 14:35.3 (B)(3); adds R.S. 14:35.3(B)(4) and (M))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Technical.