HLS 16RS-950 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 398
BY REPRESENTATIVE MORENO
EVIDENCE: Provides relative to the application of certain limitations on the admissibility
of character evidence in civil cases
1 AN ACT
2To amend and reenact Code of Evidence Articles 404(A)(introductory paragraph) and 412.1
3 and to enact Code of Evidence Article 412(G), relative to the admissibility of certain
4 evidence; to extend to civil proceedings the prohibition on admissibility of certain
5 evidence of victim conduct or behavior; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Evidence Articles 404((A)(introductory paragraph) and 412.1 are
8hereby amended and reenacted and Code of Evidence Article 412(G) is hereby enacted to
9read as follows:
10 Art. 404. Character evidence generally not admissible in civil or criminal trial to
11 prove conduct; exceptions; other criminal acts
12 A. Character evidence generally. Evidence of a person's character or a trait
13 of his character, such as a moral quality, is not admissible in a civil or criminal
14 proceeding for the purpose of proving that he acted in conformity therewith on a
15 particular occasion, except:
16 * * *
17 Art. 412. Victim's past sexual behavior in sexual assault cases; trafficking offenses
18 * * *
19 G. The rules of admissibility of evidence provided by this Article shall also
20 apply to civil actions brought by the victim for damages which are alleged to arise
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HB NO. 398
1 from sexually assaultive behavior, human trafficking, or trafficking of children for
2 sexual purposes by the defendant, whether or not convicted of such crimes.
3 Art. 412.1. Victim's attire in sexual assault cases
4 A. When an accused is charged with the crime of aggravated or first degree
5 rape, forcible or second degree rape, simple or third degree rape, sexual battery, or
6 second degree sexual battery, the manner and style of the victim's attire shall not be
7 admissible as evidence that the victim encouraged or consented to the offense;
8 however, items of clothing or parts thereof may be introduced in order to establish
9 the presence or absence of the elements of the offense and the proof of its
10 occurrence.
11 B. The rules of admissibility of evidence provided by this Article shall also
12 apply to civil actions brought by the victim for damages which are alleged to arise
13 from the crimes of aggravated or first degree rape, forcible or second degree rape,
14 simple or third degree rape, sexual battery, or second degree sexual battery
15 committed by the defendant, whether or not convicted of such crimes.
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 398 Original 2016 Regular Session Moreno
Abstract: Specifies that the rules of admissibility of evidence relative to the conduct and
behavior of the victim of certain sexually related crimes are applicable in both civil
and criminal proceedings.
Present law provides that evidence of a person's character or a trait of his character, such as
a moral quality, is not admissible for the purpose of proving that he acted in conformity with
such character or traits on a particular occasion, but also provides for exceptions from the
general rule.
Present law provides that when an accused is charged with a crime involving sexually
assaultive behavior or a crime involving human trafficking or trafficking of children for
sexual purposes, reputation or opinion evidence of the past sexual behavior of the victim is
not admissible, but also provides for exceptions from the general rule.
Present law provides that when an accused is charged with the crime of aggravated or first
degree rape, forcible or second degree rape, simple or third degree rape, sexual battery, or
second degree sexual battery, the manner and style of the victim's attire shall not be
admissible as evidence that the victim encouraged or consented to the offense.
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 398
Proposed law specifies that the present law rules of admissibility of evidence are applicable
in both civil and criminal proceedings.
(Amends C.E. Arts. 404(A)(intro. para.) and 412.1; Adds C.E. Art. 412(G))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.