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 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 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)