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 Engrossed 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.
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))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the
original bill:
1. Deletes the phrase "for damages" in order to make proposed law applicable to all civil
actions.