HLS 16RS-1117 REENGROSSED
2016 Regular Session
HOUSE BILL NO. 590
BY REPRESENTATIVE LEOPOLD
CRIME: Provides with respect to prior bad acts in domestic violence and cruelty to
juveniles cases
1 AN ACT
2To enact Code of Evidence Article 412.4, relative evidence of prior acts in domestic abuse
3 cases; to provide that previous acts may be admissible as long as the probative value
4 of the evidence outweighs any prejudicial effect it may have on the case; and to
5 provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Evidence Article 412.4 is hereby enacted to read as follows:
8 Art. 412.4. Evidence of similar crimes, wrongs, or acts in domestic abuse cases,
9 cruelty against juveniles cases
10 A. When an accused is charged with a crime involving abusive behavior
11 against a family member, household member, or with acts which constitute cruelty
12 involving a victim who was under the age of seventeen at the time of the offense,
13 evidence of the accused's commission of another crime, wrong, or act involving
14 assaultive behavior against a family member, or household member or acts which
15 constitute cruelty involving a victim who was under the age of seventeen at the time
16 of the offense, may be admissible and may be considered for its bearing on any
17 matter to which it is relevant, subject to the balancing test provided in Article 403.
18 B. In a case in which the state intends to offer evidence under the provisions
19 of this Article, the prosecution shall, upon request of the accused, provide reasonable
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-1117 REENGROSSED
HB NO. 590
1 notice in advance of trial of the nature of any such evidence it intends to introduce
2 at trial for such purposes.
3 C. This Article shall not be construed to limit the admissibility or
4 consideration of evidence under any other rule.
5 D. For purposes of this Article:
6 (1) "Abusive behavior" means any behavior of the offender involving the use
7 or threatened use of force against the person or property of a family member or
8 household member of the alleged offender.
9 (2) "Family member" means spouses, former spouses, parents and children,
10 stepparents, stepchildren, foster parents, and foster children.
11 (3) "Household member" means any person having reached the age of
12 majority presently or formerly living in the same residence with the offender as a
13 spouse, whether married or not, or any child presently or formerly living in the same
14 residence with the offender, or any child of the offender regardless of where the child
15 resides.
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 590 Reengrossed 2016 Regular Session Leopold
Abstract: Allows prior bad acts of domestic abuse or cruelty to a juvenile be admissible in
criminal proceedings.
Proposed law provides that when an accused is charged with a crime involving abusive
behavior against a family or household member, or with acts which constitute cruelty
involving a minor, evidence of the accused's commission of another crime, wrong, or act
involving assaultive behavior against a family or household member, or acts which
constitute cruelty involving a minor may be admissible and may be considered for its bearing
on any matter to which it is relevant, subject to the balancing test provided in present law.
The balancing test in present law provides that although relevant, evidence may be excluded
if its probative value is substantially outweighed by the danger of unfair prejudice, confusion
of the issues, or misleading the jury, or by considerations of undue delay, or waste of time.
Proposed law retains the balancing test of present law regarding evidence of prior acts of
domestic abuse.
(Adds C.E. Art. 412.4)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-1117 REENGROSSED
HB NO. 590
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Removed "opposite sex" and added "having reached the age of majority",
relative to the definition of "household member".
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.