HLS 16RS-1443 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 931
BY REPRESENTATIVE WHITE
CRIME: Amends provisions of law regarding domestic abuse battery
1 AN ACT
2To amend and reenact R.S. 14:35.3(C)(1) and (2), (D), and (H) and to enact R.S. 14:35.3(N),
3 relative to domestic abuse battery; to require completion of court-monitored
4 domestic abuse intervention program as a part of the sentence for conviction of
5 domestic abuse battery; to provide for increased penalties in certain domestic abuse
6 battery cases; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 14:35.3(C)(1) and (2), (D), and (H) are hereby amended and
9reenacted and R.S. 14:35.3(N) is hereby enacted to read as follows:
10 ยง35.3. Domestic abuse battery
11 * * *
12 C. On a first conviction, notwithstanding any other provision of law to the
13 contrary, the offender shall be fined not less than three hundred dollars nor more than
14 one thousand dollars and shall be imprisoned for not less than thirty days nor more
15 than six months. At least forty-eight hours of the sentence imposed shall be served
16 without benefit of parole, probation, or suspension of sentence. Imposition or
17 execution of the remainder of the sentence shall not be suspended unless either of the
18 following occurs:
19 (1) The offender is placed on probation with a minimum condition that he
20 serve four days in jail and participate in complete a court-monitored domestic abuse
21 intervention program, and the offender shall not own or possess a firearm throughout
22 the entirety of the sentence.
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1 (2) The offender is placed on probation with a minimum condition that he
2 perform eight, eight-hour days of court-approved community service activities and
3 participate in complete a court-monitored domestic abuse intervention program, and
4 the offender shall not own or possess a firearm throughout the entirety of the
5 sentence.
6 D. On a conviction of a second offense, notwithstanding any other provision
7 of law to the contrary, regardless of whether the second offense occurred before or
8 after the first conviction, the offender shall be fined not less than seven hundred fifty
9 dollars nor more than one thousand dollars and shall be imprisoned with or without
10 hard labor for not less than sixty days nor more than one year. At least fourteen days
11 of the sentence imposed shall be served without benefit of parole, probation, or
12 suspension of sentence, and the offender shall be required to participate in complete
13 a court-monitored domestic abuse intervention program. Imposition or execution of
14 the remainder of the sentence shall not be suspended unless either of the following
15 occurs:
16 (1) The offender is placed on probation with a minimum condition that he
17 serve thirty days in jail and participate in complete a court-monitored domestic abuse
18 intervention program, and the offender shall not own or possess a firearm throughout
19 the entirety of the sentence.
20 (2) The offender is placed on probation with a minimum condition that he
21 perform thirty eight-hour days of court-approved community service activities and
22 participate in complete a court-monitored domestic abuse intervention program, and
23 the offender shall not own or possess a firearm throughout the entirety of the
24 sentence.
25 * * *
26 H. An offender ordered to participate in complete a court-monitored
27 domestic abuse intervention program required by the provisions of this Section shall
28 pay the cost incurred in participation in the program. Failure to make such payment
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HB NO. 931
1 shall subject the offender to revocation of probation, unless the court determines that
2 the offender is unable to pay.
3 * * *
4 N. If the offender has committed the domestic abuse battery as part of a
5 pattern of intentional and repeated acts of domestic abuse in which the offender has
6 threatened to use or has actually used physical, sexual, verbal or emotional abuse
7 committed for the purpose of controlling a family member or household member, the
8 offender, who is sentenced under the provisions of this Section, shall be required to
9 serve a minimum of forty-five days without benefit of suspension of sentence for a
10 first conviction, a minimum of one year imprisonment without benefit of suspension
11 of sentence upon a second conviction, a minimum of two years with or without hard
12 labor without benefit of probation, parole, or suspension of sentence upon a third
13 conviction, and a minimum of four years at hard labor without benefit of probation,
14 parole, or suspension of sentence upon a fourth or subsequent conviction.
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 931 Original 2016 Regular Session White
Abstract: Provides with respect to sentencing for the crime of domestic abuse battery.
Present law provides for the crime of domestic abuse battery, and provides for penalties
which include participation in a court-monitored domestic abuse intervention program.
Proposed law changes present law to require completion of this program rather than
participation in the program.
Proposed law provides for minimum mandatory sentences if the domestic abuse battery is
a part of a pattern of intentional and repeated acts of domestic abuse in which the offender
has threatened to use or actually used physical, sexual, verbal or emotional abuse committed
for the purpose of controlling a family member or household member of the offender.
Proposed law provides penalties of a minimum of 45 days without benefit of suspension of
sentence for a first conviction, a minimum of one year imprisonment upon a second
conviction, a minimum of two years with or without hard labor upon a third conviction, and
a minimum of four years at hard labor upon a fourth or subsequent conviction. All sentences
must be served without benefit of probation, parole, or suspension of sentence.
(Amends R.S. 14:35.3(C)(1) and (2), (D), and (H); Adds R.S. 14:35.3(N))
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CODING: Words in struck through type are deletions from existing law; words underscored
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