HLS 16RS-952 ENGROSSED
2016 Regular Session
HOUSE BILL NO. 556
BY REPRESENTATIVE MORENO
PRESCRIPTION: Provides a three-year liberative prescriptive period for actions arising
from cases of rape
1 AN ACT
2To amend and reenact Civil Code Article 3493.10 and to enact Civil Code Article 3496.2,
3 relative to liberative prescription; to provide for prescription relative to crimes of
4 rape; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. Civil Code Article 3493.10 is hereby amended and reenacted and Civil
7Code Article 3496.2 is hereby enacted to read as follows:
8 Art. 3493.10. Delictual actions; two-year prescription; criminal act
9 Delictual actions which arise due to damages sustained as a result of an act
10 defined as a crime of violence under Chapter 1 of Title 14 of the Louisiana Revised
11 Statutes of 1950, except as provided in Article 3496.2, are subject to a liberative
12 prescription of two years. This prescription commences to run from the day injury
13 or damage is sustained.
14 * * *
15 Art. 3496.2. Action against a person for rape
16 An action against a person for any act of rape, as defined in R.S. 14:41, 42,
17 42.1, or 43, is subject to a liberative prescriptive period of three years. This
18 prescription commences to run from the day the injury or damage is sustained. This
19 prescriptive period shall be subject to any exception of peremption provided by law.
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-952 ENGROSSED
HB NO. 556
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 556 Engrossed 2016 Regular Session Moreno
Abstract: Extends the prescriptive period to file suit on an action against a person for rape
from two to three years.
Present law provides for a two-year prescriptive period to bring an action against a person
for damages sustained from a crime of violence.
Proposed law extends the two-year prescriptive period to three years in an action against a
person for rape.
(Amends C.C. Art. 3493.10; Adds C.C. Art. 3496.2)
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.