DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 842 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 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".
(2)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.
(3)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.
(4)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".
(5)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.
(6)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.
(7)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.
(8)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)Expands the crimes of domestic abuse battery and domestic abuse aggravated assault to
include family members as possible victims.
(2)Defines "family member" and amends the definition of "household member" for the crimes
of domestic abuse battery and domestic abuse aggravated assault.
(3)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.
(4)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.
(5)Expands the crime of stalking to specifically include written threats.
(6)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 battery or crime of violence against the person protected by the protective order. Further
provides that the sentence shall be served with or without hard labor.
(7)Provides that the sentence imposed for a first offense violation of a protective order that
involves a battery or crime of violence against the person protected by the protective order
shall be served with or without hard labor.
(8)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 battery or crime of violence against the person protected by the protective order. Further provides that the sentence shall be served with or without hard labor.
(9)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.
(10)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 a court-approved consent agreement, 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.
(11)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 and
subsequently convicted, for a violation of any state law or local ordinance that prohibits the
use of force or a deadly weapon against any family member or household member.
(12)When instituting the prosecution of an offense involving the use of force or a deadly weapon
against any family member or household member, 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.
Provides that the failure to comply with these provisions of proposed law shall not constitute
grounds for a motion to quash.
(Amends R.S. 14:35.3(A), (B)(3)(intro. para.), (4), (5), and (6), and (G), 37.7(A) and (B), 40.2(A),
and 79(B)(2) and (3), (C)(1) and (2), and (H), R.S. 15:590(intro. para.), and R.S. 46:2136.3(A)(intro.
para.); Adds R.S. 14:35.3(B)(7), R.S. 15:590(8), and C.Cr.P. Art. 387)