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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 ENROLLED
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.
AN ACT1
To amend and reenact R.S. 14:35.3(B) and to enact R.S. 14:35.3(M), relative to the crime2
of domestic abuse battery; to provide that domestic abuse battery committed by3
burning of the victim constitutes a crime of violence; to provide definitions; to4
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) is hereby amended and reenacted and R.S. 14:35.3(M)7
is hereby enacted to read as follows: 8
ยง35.3. Domestic abuse battery9
* * *10
B. For purposes of this Section:11
(1) "Burning" means an injury to flesh or skin caused by heat,12
electricity, friction, radiation, or any other chemical or thermal reaction.13
(2) "Community service activities" as used in this Section may14
include duty in any morgue, coroner's office, or emergency treatment room15
of a state-operated hospital or other state-operated emergency treatment16
facility, with the consent of the administrator of the morgue, coroner's office,17
hospital, or facility.18
(2)(3) "Household member" means any person of the opposite sex presently19
living in the same residence or living in the same residence within five years of the20
occurrence of the domestic abuse battery with the defendant as a spouse, whether21
married or not, or any child presently living in the same residence or living in the22
same residence within five years immediately prior to the occurrence of domestic23
abuse battery, or any child of the offender regardless of where the child resides.24
ACT No. 289 SB NO. 70 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(3)(4) "Serious bodily injury" means bodily injury that involves1
unconsciousness, extreme physical pain, or protracted and obvious2
disfigurement, or protracted loss or impairment of the function of a bodily3
member, organ, or mental faculty, or a substantial risk of death.4
(5) "Strangulation" means intentionally impeding the normal breathing or5
circulation of the blood by applying pressure on the throat or neck or by blocking the6
nose or mouth of the victim.7
* * *8
M. Notwithstanding any other provision of law to the contrary, if the9
domestic abuse battery is committed by burning that results in serious bodily10
injury, the offense shall be classified as a crime of violence, and the offender11
shall be imprisoned at hard labor for not less than five nor more than fifty years12
without benefit of probation, parole, or suspension of sentence.13
Section 2. This Act shall become effective upon signature by the governor or, if not14
signed by the governor, upon expiration of the time for bills to become law without signature15
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If16
vetoed by the governor and subsequently approved by the legislature, this Act shall become17
effective on the day following such approval.18
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: