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:
(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))