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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, 2014
SENATE BILL NO. 291
BY SENATOR MORRELL AND REPRESENTATI VE MORENO
CIVIL PROCEDURE. Authorizes exemplary damages in certain suits arising from domestic
abuse. (8/1/14)
AN ACT1
To enact Civil Code Article 2315.8, relative to exemplary damages; to provide for2
exemplary damages in suits between certain household members arising from3
domestic abuse; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Civil Code Article 2315.8 is hereby enacted to read as follows:6
Art. 2315.8. Liability for damages caused by domestic abuse7
A. In addition to general and special damages, exemplary damages may8
be awarded upon proof that the injuries on which the action is based were9
caused by a wanton and reckless disregard for the rights and safety of a family10
or household member, as defined in R.S. 46:2132, through acts of domestic11
abuse resulting in serious bodily injury or severe emotional and mental distress,12
regardless of whether the defendant was prosecuted for his or her acts.13
B. Upon motion of the defendant or upon its own motion, if the court14
determines that any action alleging domestic abuse is frivolous or fraudulent,15
the court shall award costs of court, reasonable attorney fees, and any other16
related costs to the defendant and any other sanctions and relief requested17 SB NO. 291
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
pursuant to Code of Civil Procedure Article 863.1
The original instrument was prepared by Angela Lockett De Jean. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Jerry G. Jones.
DIGEST
Morrell (SB 291)
Proposed law authorizes exemplary damages to be awarded in suits between certain
household members arising from acts of domestic abuse when the injuries are caused by a
wanton and reckless disregard for the rights and safety of the household member through
acts of domestic abuse resulting in serious bodily injury or severe emotional and mental
distress.
Proposed law further provides that if the court finds an action alleging domestic abuse is
frivolous or fraudulent, it shall award costs of court, reasonable attorney fees, and other
related costs to the defendant and other sanctions and relief requested under CCP Article
863.
Effective August 1, 2014.
(Adds C.C. Art. 2315.8)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Adds that acts of domestic abuse result in serious bodily injury or severe
emotional and mental distress.
2. Adds penalties for frivolous or fraudulent claims alleging domestic abuse.