ENROLLED
ACT No. 357
2016 Regular Session
HOUSE BILL NO. 398
BY REPRESENTATIVE MORENO
1 AN ACT
2 To 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.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Evidence Articles 404(A)(introductory paragraph) and 412.1 are
8 hereby amended and reenacted and Code of Evidence Article 412(G) is hereby enacted to
9 read 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 which are alleged to arise from sexually
21 assaultive behavior, human trafficking, or trafficking of children for sexual purposes
22 by the defendant, whether or not convicted of such crimes.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 398 ENROLLED
1 Art. 412.1. Victim's attire in sexual assault cases
2 A. When an accused is charged with the crime of aggravated or first degree
3 rape, forcible or second degree rape, simple or third degree rape, sexual battery, or
4 second degree sexual battery, the manner and style of the victim's attire shall not be
5 admissible as evidence that the victim encouraged or consented to the offense;
6 however, items of clothing or parts thereof may be introduced in order to establish
7 the presence or absence of the elements of the offense and the proof of its
8 occurrence.
9 B. The rules of admissibility of evidence provided by this Article shall also
10 apply to civil actions brought by the victim which are alleged to arise from the
11 crimes of aggravated or first degree rape, forcible or second degree rape, simple or
12 third degree rape, sexual battery, or second degree sexual battery committed by the
13 defendant, whether or not convicted of such crimes.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.