RÉSUMÉ DIGEST
ACT 440 (HB 842) 2015 Regular Session Moreno
Existing 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.
New 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)Expands existing 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 two years 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)Increases the maximum term of imprisonment from six months to two years 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.
(8)Amends all references of "court-approved domestic abuse counseling program" in the
existing 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.
(9)Expands the existing 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.
(10)Expands existing 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.
(11)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 offense 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 new law shall not constitute grounds for
a motion to quash.
Effective August 1, 2015.
(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)