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Regular Session, 2014
SENATE BILL NO. 451
BY SENATOR MORRELL AND REPRESENTATI VE MORENO
CRIME/PUNISHMENT. Provides relative to domestic abuse battery and other offenses
involving domestic abuse. (8/1/14)
AN ACT1
To amend and reenact R.S. 14:35.3(B)(3), (4), and (5), (C), (D), (J) and (M) and Code of2
Criminal Procedure Article 334.2, to enact R.S. 14:2(B)(45) and (46) and 35.3(B)(6),3
and to repeal Code of Criminal Procedure Article 334.4(A)(4), relative to acts of4
domestic abuse; to designate domestic abuse battery and domestic abuse aggravated5
assault as crimes of violence; to provide relative to the crime of domestic abuse6
battery; to amend penalty provisions of domestic abuse battery for purposes of7
persons placed on probation; to provide for a definition of "court-approved domestic8
abuse intervention programs" for purposes of persons on probation for domestic9
abuse battery; to amend penalties for a second conviction of domestic abuse battery;10
to provide relative to the designation of an act of violence against a family member11
as "domestic abuse"; to prohibit release on a person's own recognizance after an12
arrest for certain offenses related to domestic violence; and to provide for related13
matters.14
Be it enacted by the Legislature of Louisiana:15
Section 1. R.S. 14:35.3(B)(3), (4), and (5), (C), (D), (J), and (M) are hereby amended16
and reenacted and R.S. 14:2(B)(45) and (46) and 35.3(B)(6) are hereby enacted to read as17 SB NO. 451
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follows:1
§2. Definitions2
* * *3
B. In this Code, "crime of violence" means an offense that has, as an4
element, the use, attempted use, or threatened use of physical force against the5
person or property of another, and that, by its very nature, involves a substantial risk6
that physical force against the person or property of another may be used in the7
course of committing the offense or an offense that involves the possession or use8
of a dangerous weapon. The following enumerated offenses and attempts to commit9
any of them are included as "crimes of violence":10
* * *11
(45) Domestic abuse battery.12
(46) Domestic abuse aggravated assault.13
* * *14
§35.3. Domestic abuse battery15
* * *16
B. For purposes of this Section:17
* * *18
(3) "Court-approved domestic abuse intervention program" means a19
course designed specifically for perpetrators of domestic abuse and conducted20
by a person with all of the following:21
(a) Experience in working directly with perpetrators or victims of22
domestic abuse.23
(b) Experience in facilitating batterer intervention groups.24
(c) Training in the causes and dynamics of domestic violence,25
characteristics of batterers, victim safety, and sensitivity to victims.26
(3)(4) "Household member" means any person of the opposite sex presently27
living in the same residence or living in the same residence within five years of the28
occurrence of the domestic abuse battery with the defendant as a spouse, whether29 SB NO. 451
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married or not, or any child presently living in the same residence or living in the1
same residence within five years immediately prior to the occurrence of domestic2
abuse battery, or any child of the offender regardless of where the child resides.3
(4)(5) "Serious bodily injury" means bodily injury that involves4
unconsciousness, extreme physical pain, or protracted and obvious disfigurement,5
or protracted loss or impairment of the function of a bodily member, organ, or6
mental faculty, or a substantial risk of death.7
(5)(6) "Strangulation" means intentionally impeding the normal breathing8
or circulation of the blood by applying pressure on the throat or neck or by blocking9
the nose or mouth of the victim.10
C. On a first conviction, notwithstanding any other provision of law to the11
contrary, the offender shall be fined not less than three hundred dollars nor more than12
one thousand dollars and shall be imprisoned for not less than thirty days nor more13
than six months. At least forty-eight hours of the sentence imposed shall be served14
without benefit of parole, probation, or suspension of sentence. Imposition or15
execution of the remainder of the sentence shall not be suspended unless either of the16
following occur:17
(1) The offender is placed on probation with a minimum condition that he18
serve four days in jail and participate in a court-approved domestic abuse prevention19
intervention program, and the offender shall not own or possess a firearm20
throughout the entirety of the sentence.21
(2) The offender is placed on probation with a minimum condition that he22
perform eight, eight-hour days of court-approved community service activities and23
participate in a court-approved domestic abuse prevention intervention program,24
and the offender shall not own or possess a firearm throughout the entirety of the25
sentence.26
D. On a conviction of a second offense, notwithstanding any other provision27
of law to the contrary, regardless of whether the second offense occurred before or28
after the first conviction, the offender shall be fined not less than seven hundred fifty29 SB NO. 451
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dollars nor more than one thousand dollars and shall be imprisoned at hard labor1
for not less than sixty days nor more than six months one year. At least fourteen2
days of the sentence imposed shall be served without benefit of parole, probation, or3
suspension of sentence, and the offender shall be required to participate in a court-4
approved domestic abuse prevention program. Imposition or execution of the5
remainder of the sentence shall not be suspended unless either of the following6
occur:7
(1) The offender is placed on probation with a minimum condition that he8
serve thirty days in jail and participate in a court-approved domestic abuse9
prevention intervention program, and the offender shall not own or possess a10
firearm throughout the entirety of the sentence.11
(2) The offender is placed on probation with a minimum condition that he12
perform thirty eight-hour days of court-approved community service activities and13
participate in a court-approved domestic abuse prevention intervention program,14
and the offender shall not own or possess a firearm throughout the entirety of the15
sentence.16
* * *17
J. Any crime of violence, as defined in R.S. 14:2(B), against a person18
committed by one household member against another household member, shall be19
designated as an act of domestic violence abuse for consideration in any civil or20
criminal proceeding.21
* * *22
M. Notwithstanding any other provision of law to the contrary, if the23
domestic abuse battery is committed by burning that results in serious bodily injury,24
the offense shall be classified as a crime of violence, and the offender shall be25
imprisoned at hard labor for not less than five nor more than fifty years without26
benefit of probation, parole, or suspension of sentence.27
Section 2. Code of Criminal Procedure Article 334.2 is hereby amended and28
reenacted to read as follows:29 SB NO. 451
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Art. 334.2. Arrest for a crime of violence or and other offenses related to domestic1
abuse battery; release on own recognizance prohibited2
Notwithstanding any other provision of law to the contrary, any defendant3
who has been arrested for domestic abuse battery or for a crime of violence as4
defined in R.S. 14:2(B) any of the following offenses shall not be released by the5
court on his own recognizance or on the signature of any other person. person:6
(1) Domestic abuse battery.7
(2) Domestic abuse aggravated assault.8
(3) False imprisonment.9
(4) False imprisonment while the offender is armed with a dangerous10
weapon.11
(5) A crime of violence as defined by R.S. 14:2(B).12
(6) Violation of an order issued pursuant to R.S. 9:361 et seq., R.S.13
9:372, R.S. 46:2131 et seq., R.S. 46:2151, Children's Code Article 1564 et seq.,14
Code of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal15
Procedure Articles 30, 327.1, 335.2, and 871.1.16
Section 3. Code of Criminal Procedure Article 334.4(A)(4) is hereby repealed.17
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cathy Wells.
DIGEST
Morrell (SB 451)
Present law designates certain crimes as "crimes of violence".
Proposed law adds domestic abuse battery and domestic abuse aggravated assault to the list
of crimes of violence.
Present law defines the crime of "domestic abuse battery" as the intentional use of force or
violence committed by one household member upon the person of another household
member.
Present law provides that an offender may only be placed on probation for a commission of
domestic abuse battery if he is required to participate in a court-approved domestic abuse
"prevention" program.
Proposed law amends present law to provide that the offender shall be required to participate
in a "court-approved domestic abuse intervention program" and provides that such program
shall mean a course designed specifically for perpetrators of domestic abuse and conducted
by a person with all of the following: SB NO. 451
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(1)Experience in working directly with perpetrators or victims of domestic abuse.
(2)Experience in facilitating batterer intervention groups.
(3)Training in the causes and dynamics of domestic violence, characteristics of
batterers, victim safety, and sensitivity to victims.
Present law provides that person convicted of a second offense domestic abuse battery shall
be imprisoned for not less than 60 days nor more than six months.
Proposed law increases this term of imprisonment to not less than 60 days nor more than one
year and provides that it shall be served at hard labor.
Present law provides that any crime of violence, as defined in R.S. 14:2(B), against a person
committed by one household member against another household member, shall be
designated as an act of domestic violence.
Proposed law retains present law, and clarifies that this designation as domestic violence is
for purposes of any civil or criminal proceeding authorized by law.
Present law provides that any defendant who has been arrested for domestic abuse battery
or for a crime of violence shall not be released on his own recognizance or on the signature
of any other person.
Present law provides that any defendant who has been arrested for violation of a protective
order shall not be released on his own recognizance or on the signature of any other person
if the person has a prior conviction for the same offense.
Proposed law adds domestic abuse aggravated assault, false imprisonment, and false
imprisonment while the offender is armed with a dangerous weapon to the list of offenses
for which a defendant may not be released on their own recognizance or on the signature of
any other person.
Proposed law amends present law to provide that a person shall not be released on his own
recognizance or on the signature of any other person for a violation of a protective order
issued pursuant to present law regardless of whether the person has a prior conviction for the
same offense.
Effective August 1, 2014.
(Amends R.S. 14:35.3(B)(3), (4), and (5), (C), (D), (J) and (M) and C.Cr.P. Art. 334.2 ; Adds
R.S. 14:2(B)(45) and (46) and 35.3(B)(6); Repeals C.Cr.P. Art. 334.4(A)(4))