HLS 15RS-156 ORIGINAL
2015 Regular Session
HOUSE BILL NO. 488
BY REPRESENTATIVE MORENO
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
DOMESTIC ABUSE: Provides relative to domestic abuse
1 AN ACT
2To amend and reenact R.S. 14:34.1(B)(3), 35.3(A), (B)(3)(introductory paragraph), (4), (5),
3 and (6), (G), and (J), 37.7(A) and (B), 40.2(A) and (B)(1)(a), 79(B), (C), and (H),
4 and 95.10(A), (C), and (E), R.S. 15:590(introductory paragraph), and R.S.
5 46:2136.3(A) and to enact R.S. 14:34.1(B)(4) and 35.3(B)(7) and (8), R.S. 15:590(8),
6 and Code of Criminal Procedure Article 387, relative to domestic abuse; to provide
7 relative to criminal offenses and procedures involving domestic abuse; to provide
8 relative to the crime of second degree battery; to amend the definition of "serious
9 bodily injury" in the crime of second degree battery to include strangulation; to
10 amend the crimes of domestic abuse battery and domestic abuse aggravated assault
11 to include family members and dating partners as possible victims; to provide for
12 definitions of "family member" and "dating partner"; to amend the definition of
13 "household member" and "court-monitored domestic abuse intervention program";
14 to provide relative to the types of offenses that are designated as "domestic abuse"
15 for consideration in any criminal or civil proceeding; to expand the crime of stalking
16 to specifically include written threats; to amend the penalties for a first offense
17 conviction of stalking; to provide relative to the crime of violation of protective
18 orders; to amend and provide relative to the penalties for certain offenses of violation
19 of protective orders; to prohibit persons convicted of stalking from possessing a
20 firearm; to prohibit persons subject to certain court-approved consent agreements,
21 permanent injunctions, or protective orders from possessing a firearm for the
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1 duration of the consent agreement, injunction, or order; to provide relative to the
2 obtaining and filing of fingerprint and other identification information of persons
3 arrested or issued a summons for certain domestic abuse-related offenses; to provide
4 relative to the type of information that a prosecutor is required to provide for certain
5 domestic abuse-related offenses; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 14:34.1(B)(3), 35.3(A), (B)(3)(introductory paragraph), (4), (5), and
8(6), (G), and (J), 37.7(A) and (B), 40.2(A) and (B)(1)(a), 79(B), (C), and (H), and 95.10(A),
9(C), and (E) are hereby amended and reenacted and R.S. 14:34.1(B)(4) and 35.3(B)(7) and
10(8) are hereby enacted to read as follows:
11 §34.1. Second degree battery
12 * * *
13 B. For purposes of this Section, the following words shall have the following
14 meanings:
15 * * *
16 (3) "Serious bodily injury" means bodily injury which involves
17 unconsciousness, extreme physical pain or protracted and obvious disfigurement, or
18 protracted loss or impairment of the function of a bodily member, organ, or mental
19 faculty, or a substantial risk of death. "Serious bodily injury" shall also include
20 strangulation as defined in Paragraph (4) of this Subsection regardless of whether the
21 strangulation results in unconsciousness of the victim.
22 (4) "Strangulation" means intentionally impeding the normal breathing or
23 circulation of the blood by applying pressure on the throat or neck or by blocking the
24 nose or mouth of the victim.
25 * * *
26 §35.3. Domestic abuse battery
27 A. Domestic abuse battery is the intentional use of force or violence
28 committed by one household member, family member, or dating partner upon the
29 person of another household member, family member, or dating partner.
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1 B. For purposes of this Section:
2 * * *
3 (3) "Court-monitored domestic abuse intervention program" means a
4 program, comprised of a minimum of twenty-six in-person sessions occurring over
5 a minimum of twenty-six weeks, that follows a model designed specifically for
6 perpetrators of domestic abuse. The offender's progress in the program shall be
7 monitored by the court. The provider of the program shall have all of the following:
8 * * *
9 (4) "Dating partner" means any person who is or has been in a social
10 relationship of a romantic or intimate nature with the victim and where the existence
11 of such a relationship shall be determined based on a consideration of the following
12 factors:
13 (a) The length of the relationship.
14 (b) The type of relationship.
15 (c) The frequency of interaction between the persons involved in the
16 relationship.
17 (5) "Family member" means spouses, former spouses, parents, children,
18 stepparents, stepchildren, foster parents, and foster children.
19 (4)(6) "Household member" means any person of the opposite sex presently
20 or formerly living in the same residence or living in the same residence within five
21 years of the occurrence of the domestic abuse battery with the defendant offender as
22 a spouse, whether married or not, or any child presently or formerly living in the
23 same residence or living in the same residence within five years immediately prior
24 to the occurrence of domestic abuse battery with the offender, or any child of the
25 offender regardless of where the child resides.
26 (5)(7) "Serious bodily injury" means bodily injury that involves
27 unconsciousness, extreme physical pain, or protracted and obvious disfigurement,
28 or protracted loss or impairment of the function of a bodily member, organ, or
29 mental faculty, or a substantial risk of death.
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1 (6)(8) "Strangulation" means intentionally impeding the normal breathing
2 or circulation of the blood by applying pressure on the throat or neck or by blocking
3 the nose or mouth of the victim.
4 * * *
5 G.(1) For purposes of determining whether a defendant an offender has a
6 prior conviction for violation of this Section, a conviction under this Section, or a
7 conviction under the laws of any state or an ordinance of a municipality, town, or
8 similar political subdivision of another state which prohibits the intentional use of
9 force or violence committed by one dating partner, family member, or household
10 member upon another dating partner, family member, or household member of the
11 opposite sex presently or formerly living in the same residence with the defendant
12 as a spouse, whether married or not, shall constitute a prior conviction.
13 (2) For purposes of this Section, a prior conviction shall not include a
14 conviction for an offense under this Section if the date of completion of sentence,
15 probation, parole, or suspension of sentence is more than ten years prior to the
16 commission of the crime with which the defendant offender is charged, and such
17 conviction shall not be considered in the assessment of penalties hereunder.
18 However, periods of time during which the offender was incarcerated in a penal
19 institution in this or any other state shall be excluded in computing the ten-year
20 period.
21 * * *
22 J. Any crime of violence, as defined in R.S. 14:2(B), or any offense
23 involving the use of force or the threat of the use of force against a person, including
24 but not limited to stalking as defined by R.S. 14:40.2, committed by one household
25 member, family member, or dating partner against another household member,
26 family member, or dating partner, shall be designated as an act of domestic abuse for
27 consideration in any civil or criminal proceeding.
28 * * *
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1 §37.7. Domestic abuse aggravated assault
2 A. Domestic abuse aggravated assault is an assault with a dangerous weapon
3 committed by one household member, family member, or dating partner upon
4 another household member, family member, or dating partner.
5 B. For purposes of this Section, "household:
6 (1) "Dating partner" means any person who is or has been in a social
7 relationship of a romantic or intimate nature with the victim and where the existence
8 of such a relationship shall be determined based on a consideration of the following
9 factors:
10 (a) The length of the relationship.
11 (b) The type of relationship.
12 (c) The frequency of interaction between the persons involved in the
13 relationship.
14 (2) "Family member" means spouses, former spouses, parents, children,
15 stepparents, stepchildren, foster parents, and foster children.
16 (3) "Household member" means any person of the opposite sex presently or
17 formerly living in the same residence, or living in the same residence within five
18 years of the occurrence of the domestic abuse aggravated assault, with the defendant
19 offender as a spouse, whether married or not, or any child presently or formerly
20 living in the same residence or living in the same residence within five years
21 immediately prior to the occurrence of the domestic abuse aggravated assault with
22 the offender, or any child of the offender regardless of where the child resides.
23 * * *
24 §40.2. Stalking
25 A. Stalking is the intentional and repeated following or harassing of another
26 person that would cause a reasonable person to feel alarmed or to suffer emotional
27 distress. Stalking shall include but not be limited to the intentional and repeated
28 uninvited presence of the perpetrator at another person's home, workplace, school,
29 or any place which would cause a reasonable person to be alarmed, or to suffer
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1 emotional distress as a result of verbal, written, or behaviorally implied threats of
2 death, bodily injury, sexual assault, kidnaping, or any other statutory criminal act to
3 himself or any member of his family or any person with whom he is acquainted.
4 B.(1)(a) Notwithstanding any law to the contrary, on first conviction,
5 whoever commits the crime of stalking shall be fined not less than five hundred
6 dollars nor more than one thousand dollars and shall be imprisoned with or without
7 hard labor for not less than thirty days nor more than one year. Notwithstanding any
8 other sentencing provisions, any person convicted of stalking shall undergo a
9 psychiatric evaluation. Imposition of the sentence shall not be suspended unless the
10 offender is placed on probation and participates in a court-approved counseling
11 which could include but shall not be limited to anger management, abusive behavior
12 intervention groups, or any other type of counseling deemed appropriate by the
13 courts.
14 * * *
15 §79. Violation of protective orders
16 * * *
17 B.(1) On a first conviction for violation of protective orders which does not
18 involve a battery or any crime of violence as defined by R.S. 14:2(B) or an offense
19 involving the use of force or the threat of use of force against the person protected
20 by the protective order, the offender shall be fined not more than five hundred dollars
21 or imprisoned for not more than six months, or both.
22 (2) On a second conviction for violation of protective orders which does not
23 involve a battery or any crime of violence as defined by R.S. 14:2(B) or an offense
24 involving the use of force or the threat of use of force against the person protected
25 by the protective order, regardless of whether the second offense occurred before or
26 after the first conviction, the offender shall be fined not more than one thousand
27 dollars and imprisoned for not less than forty-eight hours nor more than six months.
28 At least forty-eight hours of the sentence of imprisonment imposed under this
29 Paragraph shall be without benefit of probation, parole, or suspension of sentence.
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1 If a portion of the sentence is imposed with benefit of probation, parole, or
2 suspension of sentence, the court shall require the offender to participate in a court-
3 approved court-monitored domestic abuse counseling intervention program as
4 defined by R.S. 14:35.3.
5 (3) On a third or subsequent conviction for violation of protective orders
6 which does not involve a battery or any crime of violence as defined by R.S. 14:2(B)
7 or an offense involving the use of force or the threat of use of force against the
8 person protected by the protective order, regardless of whether the current offense
9 occurred before or after the earlier convictions, the offender shall be fined not more
10 than one thousand dollars and imprisoned with or without hard labor for not less than
11 fourteen days nor more than six months one year. At least fourteen days of the
12 sentence of imprisonment imposed under this Paragraph shall be without benefit of
13 probation, parole, or suspension of sentence. If a portion of the sentence is imposed
14 with benefit of probation, parole, or suspension of sentence, the court shall require
15 the offender to participate in a court-approved court-monitored domestic abuse
16 counseling intervention program as defined by R.S. 14:35.3, unless the offender has
17 previously been required to participate in such program and, in the discretion of the
18 judge, the offender would not benefit from such counseling.
19 C.(1) Whoever is convicted of the offense of violation of protective orders
20 where the violation involves a battery or any crime of violence as defined by R.S.
21 14:2(B) or an offense involving the use of force or the threat of use of force against
22 the person protected by the protective order, and who has not been convicted of
23 violating a protective order or of an assault or battery upon the person protected by
24 the protective order within the five years prior to commission of the instant offense,
25 shall be fined not more than five hundred dollars and imprisoned with or without
26 hard labor for not less than fourteen days nor more than six months. At least
27 fourteen days of the sentence of imprisonment imposed under this Paragraph shall
28 be without benefit of probation, parole, or suspension of sentence. If a portion of the
29 sentence is imposed with benefit of probation, parole, or suspension of sentence, the
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1 court shall require the offender to participate in a court-approved court-monitored
2 domestic abuse counseling intervention program as defined by R.S. 14:35.3 as part
3 of that probation.
4 (2) Whoever is convicted of the offense of violation of protective orders
5 where the violation involves a battery or any crime of violence as defined by R.S.
6 14:2(B) or an offense involving the use of force or the threat of use of force against
7 the person for whose benefit the protective order is in effect, and who has been
8 convicted not more than one time of violating a protective order or of an assault or
9 battery upon the person for whose benefit the protective order is in effect within the
10 five-year period prior to commission of the instant offense, regardless of whether the
11 instant offense occurred before or after the earlier convictions, shall be fined not
12 more than one thousand dollars and imprisoned with or without hard labor for not
13 less than three months nor more than six months one year. At least fourteen thirty
14 days of the sentence of imprisonment imposed under this Paragraph shall be without
15 benefit of probation, parole, or suspension of sentence. If a portion of the sentence
16 is imposed with benefit of probation, parole, or suspension of sentence, the court
17 shall require the offender to participate in a court-approved court-monitored
18 domestic abuse counseling intervention program as defined by R.S. 14:35.3, unless
19 the offender has previously been required to participate in such program and, in the
20 discretion of the court, the offender would not benefit from such counseling.
21 (3) Whoever is convicted of the offense of violation of protective orders
22 where the violation involves a battery or any crime of violence as defined by R.S.
23 14:2(B) or an offense involving the use of force or the threat of use of force against
24 the person for whose benefit the protective order is in effect, and who has more than
25 one conviction of violating a protective order or of an assault or battery upon the
26 person for whose benefit the protective order is in effect during the five-year period
27 prior to commission of the instant offense, regardless of whether the instant offense
28 occurred before or after the earlier convictions, the offender shall be fined not more
29 than two thousand dollars and imprisoned with or without hard labor for not less than
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1 one year nor more than five years. At least one year of the sentence of imprisonment
2 imposed under this Paragraph shall be without benefit of probation, parole, or
3 suspension of sentence.
4 * * *
5 H. An offender ordered to participate in a court-monitored domestic abuse
6 counseling intervention program under the provision of this Section shall pay the
7 cost incurred in participating in the program, unless the court determines that the
8 offender is unable to pay. Failure to make payment under this Subsection shall
9 subject the offender to revocation of probation.
10 * * *
11 §95.10. Possession of a firearm or carrying of a concealed weapon by a person
12 convicted of domestic abuse battery or stalking
13 A. It is unlawful for any person who has been convicted of the crime of
14 domestic abuse battery, R.S. 14:35.3, as defined by R.S. 14:35.3 or stalking as
15 defined by R.S. 14:40.2 to possess a firearm or carry a concealed weapon.
16 * * *
17 C. A person shall not be considered to have been convicted of domestic
18 abuse battery as defined by R.S. 14:35.3 or stalking as defined by R.S. 14:40.2 for
19 purposes of this Section unless the person was represented by counsel in the case, or
20 knowingly and intelligently waived the right to counsel in the case; and in the case
21 of a prosecution for an offense described in this Section for which a person was
22 entitled to a jury trial in the jurisdiction in which the case was tried, either the case
23 was tried by a jury, or the person knowingly and intelligently waived the right to
24 have the case tried by a jury, by guilty plea or otherwise. A person shall not be
25 considered convicted of domestic abuse battery as defined by R.S. 14:35.3 or
26 stalking as defined by R.S. 14:40.2 for the purposes of this Section if the conviction
27 has been expunged, set aside, or is an offense for which the person has been
28 pardoned or had civil rights restored unless the pardon, expungement, or restoration
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1 of civil rights expressly provides that the person may not ship, possess, or receive
2 firearms.
3 * * *
4 E. The provisions of this Section prohibiting the possession of firearms and
5 carrying concealed weapons by persons who have been convicted of domestic abuse
6 battery or stalking shall not apply to any person who has not been convicted of
7 domestic abuse battery or stalking for a period of ten years from the date of
8 completion of sentence, probation, parole, or suspension of sentence.
9 Section 2. R.S. 15:590(introductory paragraph) is hereby amended and reenacted and
10R.S. 15:590(8) is hereby enacted to read as follows:
11 §590. Obtaining and filing fingerprint and identification data
12 The bureau shall obtain and file the name, fingerprints, description,
13 photographs, and any other pertinent identifying data as the deputy secretary deems
14 necessary, of any person who meets any of the following:
15 * * *
16 (8) Has been arrested, or has been issued a summons, for a violation of any
17 state law or local ordinance that prohibits the use or attempted use of force, or the
18 threatened use of force or a deadly weapon, including but not limited to stalking as
19 defined by R.S. 14:40.2, against any family member as defined by R.S. 46:2132, any
20 household member as defined by R.S. 14:35.3, or any dating partner as defined by
21 R.S. 46:2151.
22 Section 3. R.S. 46:2136.3(A) is hereby amended and reenacted to read as follows:
23 §2136.3. Prohibition on the possession of firearms by a person against whom a
24 protective order is issued
25 A. Any person against whom the court has issued a permanent injunction,
26 court-approved consent agreement, or a protective order pursuant to the provisions
27 of R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2136, or 2151, or 2173, Children's Code
28 Article 1570, Code of Civil Procedure Article 3607.1, or Code of Criminal Procedure
29 Articles 30, 327.1, 335.1, 335.2, or 871.1 shall be prohibited from possessing a
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1 firearm for the duration of the injunction, court-approved consent agreement, or
2 protective order if both of the following occur:
3 (1) The permanent injunction, court-approved consent agreement, or
4 protective order includes a finding that the person subject to the permanent
5 injunction, court-approved consent agreement, or protective order represents a
6 credible threat to the physical safety of a family member or household member.
7 (2) The permanent injunction, court-approved consent agreement, or
8 protective order informs the person subject to the permanent injunction, court-
9 approved consent agreement, or protective order that the person is prohibited from
10 possessing a firearm pursuant to the provisions of 18 U.S.C. §922(g)(8) and R.S.
11 46:2136.3.
12 * * *
13 Section 4. Code of Criminal Procedure Article 387 is hereby enacted to read as
14follows:
15 Art. 387. Additional information required when prosecuting certain offenses
16 When instituting the prosecution of an offense involving a violation of any
17 state law or local ordinance that prohibits the use or attempted use of force, or the
18 threatened use of force or a deadly weapon, including but not limited to stalking as
19 defined by R.S. 14:40.2, against any family member as defined by R.S. 46:2132, any
20 household member as defined by R.S. 14:35.3, or any dating partner as defined by
21 R.S. 46:2151, the district attorney, or city prosecutor for criminal prosecutions in city
22 court, shall include the following information in the indictment, information, or
23 affidavit:
24 (1) Date of the arrest.
25 (2) Relationship of the defendant to the victim.
26 (3) The state identification number of the defendant, if one has been assigned
27 to the defendant for this offense or for any prior offenses.
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument.
HB 488 Original 2015 Regular Session Moreno
Abstract: Provides relative to criminal offenses involving domestic abuse, provides for
procedures following an arrest and initiation of prosecution for such offenses, and
provides relative to the imposition of criminal penalties for and other effects that
result from a conviction of such offenses.
Present law provides for all of the following:
(1)Defines the crime of second degree battery as battery when the offender intentionally
inflicts "serious bodily injury" as defined by present law.
(2)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 and provides a definition for "household member".
(3)Requires any offender placed on probation for domestic abuse battery to participate
in a court-monitored domestic abuse intervention program and provides that such
program shall be comprised of a minimum of 26 in-person sessions.
(4)Provides that any crime of violence as defined by present law against a person
committed by one household member against another household member shall be
designated as an act of domestic abuse for consideration in any criminal or civil
proceeding.
(5)Provides that for the purpose of determining whether an offender has a prior
conviction of domestic abuse battery, a conviction under the laws of any state statute
or ordinance that prohibits the intentional use of force or violence committed by one
household member upon another household member shall constitute a prior
conviction.
(6)Defines the crime of domestic abuse aggravated assault as an assault with a
dangerous weapon committed by one household member upon another household
member and provides a definition of "household member".
(7)Defines the crime of stalking as the intentional and repeated following or harassing
of another person that would cause a reasonable person to feel alarmed or to suffer
emotional distress and provides that stalking shall include but not be limited to the
intentional and repeated uninvited presence of the perpetrator at another person's
home, workplace, school, or any place which would cause a reasonable person to be
alarmed, or to suffer emotional distress as a result of verbal or behaviorally implied
threats of death, bodily injury, sexual assault, kidnaping, or any other statutory
criminal act to himself or any member of his family or any person with whom he is
acquainted.
(8)Provides that for a first conviction for the crime of stalking, the offender shall be
fined not less than $500 nor more than $1,000 and shall be imprisoned for not less
than 30 days nor more than one year.
(9)Provides that the crime of violation of protective orders includes the willful
disobedience of an order issued to require a defendant to stay away from a specific
person or persons as a condition of his release on bond, probation, or parole. Further
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provides for increased penalties for violations of protective orders which involve a
battery or crime of violence against the person who is protected by the protective
order.
(10)Provides that it shall be unlawful for any person who is convicted of domestic abuse
battery to possess a firearm or carry a concealed weapon.
(11)Prohibits any person against whom the court has issued a permanent injunction or
a protective order relative to domestic abuse from possessing a firearm for the
duration of the injunction or protective order if it includes a finding that the person
subject to the permanent injunction or protective order represents a credible threat
to the physical safety of a family member or household member and the permanent
injunction or protective order informs the person subject to the permanent injunction
or protective order that the person is prohibited from possessing a firearm pursuant
to both state and federal law.
(12)Requires the La. Bureau of Criminal Identification and Information to obtain and file
the name, fingerprints, description photographs, and any other pertinent identifying
data of certain persons, including but not limited to any person who was arrested for
certain offenses, who is incarcerated, who is a fugitive from justice, or who is a
habitual offender.
Proposed law provides for all of the following:
(1)Amends the present law definition of "serious bodily injury" for purposes of second
degree battery to include strangulation and defines "strangulation" as intentionally
impeding the normal breathing or circulation of the blood by applying pressure on
the throat or neck by blocking the nose or mouth of the victim.
(2)Expands the crimes of domestic abuse battery and domestic abuse aggravated assault
to include family members and dating partners as possible victims.
(3)Defines "family member" and "dating partner" and amends the definition of
"household member" for the crimes of domestic abuse battery and domestic abuse
aggravated assault.
(4)Amends the definition of "court-monitored domestic abuse intervention program"
to require that the 26 in-person sessions occur over a minimum of 26 weeks.
(5)Amends present law to provide that a prior conviction of domestic abuse battery also
includes a conviction under the laws of any state or ordinance that prohibits the
intentional use of force or violence committed against a family member or dating
partner.
(6)Provides that any offense involving the use of force or the threat of the use of force
against a person, including stalking, committed by one household member, family
member, or dating partner against another household member, family member, or
dating partner shall be designated as an act of domestic abuse for consideration in
any civil or criminal proceeding.
(7)Expands the crime of stalking to specifically include written threats.
(8)Amends penalties for a first conviction of the crime of stalking, to provide that the
sentence shall be served with or without hard labor.
(9)Amends present law to provide that the increased penalties for violations of
protective orders are applied when the violation involves a crime of violence or any
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offense involving the use of force or the threat of the use of force against the person
protected by the protective order.
(10)Increases the maximum term of imprisonment from six months to one year for a
third or subsequent conviction for the crime of violation of protective orders that
does not involve a crime of violence or any offense involving the use of force or the
threat of the use of force against the person protected by the protective order.
Further provides that the sentence shall be served with or without hard labor.
(11)Provides that the sentence imposed for a first offense violation of a protective order
that involves a crime of violence or an offense involving the use of force or the threat
of use of force against the person protected by the protective order shall be served
with or without hard labor.
(12)Increases the maximum term of imprisonment from six months to one year and
increases the minimum mandatory sentence from 14 days to 30 days for a second
conviction that involves a crime of violence or any offense involving the use of force
or the threat of the use of force against the person protected by the protective order.
Further provides that the sentence shall be served with or without hard labor.
(13)Amends all references of "court-approved domestic abuse counseling program" in
the present law crime of violation of protective orders to provide that the offender
shall participate in a "court-monitored domestic abuse intervention program" as
defined in the crime of domestic abuse battery.
(14)Expands present law to prohibit any person convicted of stalking from possessing a
firearm or carrying a concealed weapon.
(15)Expands the present law prohibition on the possession of firearms for the duration
of a permanent injunction or protective order to any person against whom a
protective order or permanent injunction was issued pursuant to the Protection from
Stalking Act or as a condition of release on bail for an offense against a family or
household member or dating partner. Further provides that the prohibition shall also
apply to those persons subject to a court-approved consent agreement issued
pursuant to present law, the Protection from Stalking Act, or as a condition of release
on bail for an offense against a family or household member or dating partner.
(16)Amends present law to require the La. Bureau of Criminal Identification and
Information to obtain and file the name, fingerprints, description photographs, and
any other pertinent identifying data of any person who has been arrested, or has been
issued a summons, for a violation of any state law or local ordinance that prohibits
the use or attempted use of force, or the threatened use of force or a deadly weapon
against any family member, household member, or dating partner.
(17)When instituting the prosecution of an offense involving the use or attempted use of
force, or the threatened use of force or a deadly weapon against any family member,
household member, or dating partner, requires the prosecutor to include the
following information in the indictment, information, or affidavit: date of the arrest,
relationship of the defendant to the victim, and the state identification number of the
defendant if one has been assigned to the defendant for this offense or for any prior
offenses.
(Amends R.S. 14:34.1(B)(3), 35.3(A), (B)(3)(intro. para.), (4), (5), and (6), (G), and (J),
37.7(A) and (B), 40.2(A) and (B)(1)(a), 79(B), (C), and (H), and 95.10(A), (C), and (E), and
R.S. 15:590(intro. para.), and R.S. 46:2136.3(A); Adds R.S. 14:34.1(B)(4) and 35.3(B)(7)
and (8), R.S. 15:590(8), and C.Cr.P. Art. 387)
Page 14 of 14
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.