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ACT No. 194
Regular Session, 2014
HOUSE BILL NO. 747
BY REPRESENTATIVES MORENO, ADAMS, ARMES, BADON, BILLIOT,
BROSSETT, BROWN, TIM BURNS, CONNICK, COX, GISCLAIR, GUILLORY,
HARRISON, HENRY, HOWARD, HUNTER, KATRI NA JACKSON, JAMES,
JEFFERSON, KLECKLEY, NANCY LANDRY, TERRY LANDRY, LEGER,
LOPINTO, MILLER, MONTOUCET, JAY MORRIS, PIERRE, POPE, PRICE,
REYNOLDS, RICHARD, RITCHIE, SCHRODER, SMITH, ST. GERMAIN,
THIBAUT, THIERRY, ALFRED WILLIAMS, AND WOODRUFF AND
SENATORS ADLEY, ALARIO, AMEDEE, APPEL, BROOME, BROWN,
BUFFINGTON, CORTEZ, DONAHUE, DORSEY-COLOMB, ERDEY,
GUILLORY, JOHNS, KOSTELKA, LAFLEUR, LONG, MARTINY, MILLS,
MORRELL, MURRAY, PEACOCK, GARY SMITH, THOMPSON, AND WARD
AN ACT1
To amend and reenact R.S. 9:362(7) and 364(A), (B), and (C), R.S. 14:35.3(B)(3), (4), and2
(5), (C), (D), (H), and (J) and Code of Criminal Procedure Article 334.2, to enact3
R.S. 14:2(B)(45) and 35.3(B)(6), and to repeal Code of Criminal Procedure Article4
334.4(A)(4), relative to acts of domestic abuse; to designate domestic abuse5
aggravated assault as a crime of violence; to provide relative to the crime of6
domestic abuse battery; to amend penalty provisions of domestic abuse battery for7
purposes of persons placed on probation; to provide for a definition of "court-8
monitored domestic abuse intervention programs" for purposes of persons on9
probation for domestic abuse battery; to amend penalties for a second conviction of10
domestic abuse battery; to provide relative to the designation of an act of violence11
against a family member as "domestic abuse"; to prohibit release on a person's own12
recognizance after an arrest for certain offenses related to domestic violence; to13
provide relative to child custody when there is a history of family violence; and to14
provide for related matters.15
Be it enacted by the Legislature of Louisiana:16
Section 1. R.S. 9:362(7) and 364(A), (B), and (C), R.S. 14:35.3(B)(3), (4), and (5),17
(C), (D), (H), and (J) are hereby amended and reenacted and R.S. 14:2(B)(45) and 35.3(B)(6)18
are hereby enacted to read as follows:19 ENROLLEDHB NO. 747
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§362. Definitions1
As used in this Part:2
* * *3
(7) "Treatment program" means a course of evaluation and psychotherapy4
designed specifically for perpetrators of family violence, and conducted by licensed5
mental health professionals. "Court-monitored domestic abuse intervention program"6
means a program, comprised of a minimum of twenty-six in-person sessions, that7
follows a model designed specifically for perpetrators of domestic abuse. The8
offender's progress in the program shall be monitored by the court. The provider of9
the program shall have all of the following:10
(a) Experience in working directly with perpetrators and victims of domestic11
abuse.12
(b) Experience in facilitating batterer intervention groups.13
(c) Training in the causes and dynamics of domestic violence, characteristics14
of batterers, victim safety, and sensitivity to victims.15
* * *16
§364. Child custody; visitation17
A. There is created a presumption that no parent who has a history of18
perpetrating family violence shall be awarded sole or joint custody of children. The19
court may find a history of perpetrating family violence if the court finds that one20
incident of family violence has resulted in serious bodily injury or the court finds21
more than one incident of family violence. The presumption shall be overcome only22
by a preponderance of the evidence that the perpetrating parent has successfully23
completed a treatment court-monitored domestic abuse intervention program as24
defined in R.S. 9:362, is not abusing alcohol and the illegal use of drugs scheduled25
in R.S. 40:964, and that the best interest of the child or children requires that parent's26
participation as a custodial parent because of the other parent's absence, mental27
illness, or substance abuse, or such other circumstances which affect the best interest28
of the child or children. The fact that the abused parent suffers from the effects of29
the abuse shall not be grounds for denying that parent custody.30 ENROLLEDHB NO. 747
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B. If the court finds that both parents have a history of perpetrating family1
violence, custody shall be awarded solely to the parent who is less likely to continue2
to perpetrate family violence. In such a case, the court shall mandate completion of3
a treatment court-monitored domestic abuse intervention program by the custodial4
parent. If necessary to protect the welfare of the child, custody may be awarded to5
a suitable third person, provided that the person would not allow access to a violent6
parent except as ordered by the court.7
C. If the court finds that a parent has a history of perpetrating family8
violence, the court shall allow only supervised child visitation with that parent,9
conditioned upon that parent's participation in and completion of a treatment court-10
monitored domestic abuse intervention program. Unsupervised visitation shall be11
allowed only if it is shown by a preponderance of the evidence that the violent parent12
has completed a treatment program, is not abusing alcohol and psychoactive drugs,13
and poses no danger to the child, and that such visitation is in the child's best interest.14
* * *15
§2. Definitions16
* * *17
B. In this Code, "crime of violence" means an offense that has, as an18
element, the use, attempted use, or threatened use of physical force against the19
person or property of another, and that, by its very nature, involves a substantial risk20
that physical force against the person or property of another may be used in the21
course of committing the offense or an offense that involves the possession or use22
of a dangerous weapon. The following enumerated offenses and attempts to commit23
any of them are included as "crimes of violence":24
* * *25
(45) Domestic abuse aggravated assault26
* * *27
§35.3. Domestic abuse battery28
* * *29 ENROLLEDHB NO. 747
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B. For purposes of this Section:1
* * *2
(3) "Court-monitored domestic abuse intervention program" means a3
program, comprised of a minimum of twenty-six in-person sessions, that follows a4
model designed specifically for perpetrators of domestic abuse. The offender's5
progress in the program shall be monitored by the court. The provider of the6
program shall have all of the following:7
(a) Experience in working directly with perpetrators and victims of domestic8
abuse.9
(b) Experience in facilitating batterer intervention groups.10
(c) Training in the causes and dynamics of domestic violence, characteristics11
of batterers, victim safety, and sensitivity to victims.12
(3)(4) "Household member" means any person of the opposite sex presently13
living in the same residence or living in the same residence within five years of the14
occurrence of the domestic abuse battery with the defendant as a spouse, whether15
married or not, or any child presently living in the same residence or living in the16
same residence within five years immediately prior to the occurrence of domestic17
abuse battery, or any child of the offender regardless of where the child resides.18
(4)(5) "Serious bodily injury" means bodily injury that involves19
unconsciousness, extreme physical pain, or protracted and obvious disfigurement,20
or protracted loss or impairment of the function of a bodily member, organ, or21
mental faculty, or a substantial risk of death.22
(5)(6) "Strangulation" means intentionally impeding the normal breathing23
or circulation of the blood by applying pressure on the throat or neck or by blocking24
the nose or mouth of the victim.25
C. On a first conviction, notwithstanding any other provision of law to the26
contrary, the offender shall be fined not less than three hundred dollars nor more than27
one thousand dollars and shall be imprisoned for not less than thirty days nor more28
than six months. At least forty-eight hours of the sentence imposed shall be served29
without benefit of parole, probation, or suspension of sentence. Imposition or30 ENROLLEDHB NO. 747
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execution of the remainder of the sentence shall not be suspended unless either of the1
following occur: occurs:2
(1) The offender is placed on probation with a minimum condition that he3
serve four days in jail and participate in a court-approved court-monitored domestic4
abuse prevention intervention program, and the offender shall not own or possess a5
firearm throughout the entirety of the sentence.6
(2) The offender is placed on probation with a minimum condition that he7
perform eight, eight-hour days of court-approved community service activities and8
participate in a court-approved court-monitored domestic abuse prevention9
intervention program, and the offender shall not own or possess a firearm throughout10
the entirety of the sentence.11
D. On a conviction of a second offense, notwithstanding any other provision12
of law to the contrary, regardless of whether the second offense occurred before or13
after the first conviction, the offender shall be fined not less than seven hundred fifty14
dollars nor more than one thousand dollars and shall be imprisoned with or without15
hard labor for not less than sixty days nor more than six months one year. At least16
fourteen days of the sentence imposed shall be served without benefit of parole,17
probation, or suspension of sentence, and the offender shall be required to participate18
in a court-approved court-monitored domestic abuse prevention intervention19
program. Imposition or execution of the remainder of the sentence shall not be20
suspended unless either of the following occur: occurs:21
(1) The offender is placed on probation with a minimum condition that he22
serve thirty days in jail and participate in a court-approved court-monitored domestic23
abuse prevention intervention program, and the offender shall not own or possess a24
firearm throughout the entirety of the sentence.25
(2) The offender is placed on probation with a minimum condition that he26
perform thirty eight-hour days of court-approved community service activities and27
participate in a court-approved court-monitored domestic abuse prevention28 ENROLLEDHB NO. 747
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intervention program, and the offender shall not own or possess a firearm throughout1
the entirety of the sentence.2
* * *3
H. An offender ordered to participate in a court-monitored domestic abuse4
prevention intervention program required by the provisions of this Section shall pay5
the cost incurred in participation in the program. Failure to make such payment shall6
subject the offender to revocation of probation, unless the court determines that the7
offender is unable to pay.8
* * *9
J. Any crime of violence, as defined in R.S. 14:2(B), against a person10
committed by one household member against another household member, shall be11
designated as an act of domestic violence abuse for consideration in any civil or12
criminal proceeding.13
* * *14
Section 2. Code of Criminal Procedure Article 334.2 is hereby amended and15
reenacted to read as follows:16
Art. 334.2. Arrest for a crime of violence or and other offenses related to domestic17
abuse battery; release on own recognizance prohibited18
Notwithstanding any other provision of law to the contrary, any defendant19
who has been arrested for domestic abuse battery or for a crime of violence as20
defined in R.S. 14:2(B) any of the following offenses shall not be released by the21
court on his own recognizance or on the signature of any other person. person:22
(1) Domestic abuse battery.23
(2) Domestic abuse aggravated assault.24
(3) False imprisonment.25
(4) False imprisonment while the offender is armed with a dangerous26
weapon.27
(5) A crime of violence as defined by R.S. 14:2(B).28
(6) Violation of an order issued pursuant to R.S. 9:361 et seq., R.S. 9:372,29
R.S. 46:2131 et seq., R.S. 46:2151, Children's Code Article 1564 et seq., Code of30 ENROLLEDHB NO. 747
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Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles1
30, 327.1, 335.2, and 871.1.2
Section 3. Code of Criminal Procedure Article 334.4(A)(4) is hereby repealed in its3
entirety.4
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: