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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 ENROLLED
SENATE BILL NO. 291
BY SENATORS MORRELL, ADLEY, ALARIO, APPEL, BROOME, BUFFINGTON,
CHABERT, CROWE, DONAHUE, DORSEY-COL OMB, KOSTELKA,
LAFLEUR, LONG, MILLS, MURRAY, NEVERS, PETERSON, RISER,
GARY SMITH, JOHN SMI TH, TARVER, THOMPSON,
WALSWORTH AND WARD AND REPRESENTATI VE MORENO
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
pursuant to Code of Civil Procedure Article 863.18
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
ACT No. 315