The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 162 Original 2016 Regular Session Peterson
Proposed law provides that when an accused is charged with a crime involving abusive behavior
against a family member, household member, or dating partner, or with acts that constitute cruelty
involving a victim who was under the age of 17 at the time of the offense, evidence of the accused's
commission of another crime, wrong, or act involving assaultive behavior against a family member,
household member or dating partner, or acts that constitute cruelty involving a victim who was under
the age of 17 at the time of the offense, 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.
Proposed law provides that in a case in which the state intends to offer evidence under the provisions
of proposed law, the prosecution, upon request of the accused, must provide reasonable notice in
advance of trial of the nature of any such evidence it intends to introduce at trial for such purposes.
Proposed law cannot be construed to limit the admission or consideration of evidence under any
other provision of present law.
Proposed law provides the following definitions:
(1)"Abusive behavior" means any behavior of the offender involving the use or threatened use
of force against the person or property of a family member, household member, or dating
partner of the alleged offender.
(2)"Family member" means spouses, former spouse, parent, child, stepparent, stepchild, foster
parent, and foster child.
(3)"Household member" means any person of the opposite sex presently or formerly living in
the same residence with the offender as a spouse, whether married or not, or any child
presently or formerly living in the same residence with the offender, or any child of the
offender regardless of where the child resides.
(4)"Dating partner" means any person who is or has been in a social relationship of a romantic
or intimate nature with the offender, and the existence of such a relationship is to be
determined based on a consideration of the following factors:
(a)The length of the relationship.
(b)The type of relationship.
(c)The frequency of interaction between the persons involved in the relationship. Proposed law provides that in any civil action alleging acts of domestic abuse, domestic abuse
battery, domestic abuse aggravated assault, sexually assaultive behavior, or acts that constitute a sex
offense involving a victim who was under the age of 17 at the time of the offense, evidence of the
defendant's commission of a crime, wrong, or act involving domestic abuse, domestic abuse battery,
domestic abuse aggravated assault, sexually assaultive behavior or acts that indicate a lustful
disposition toward children 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.
Proposed law provides that in a case in which a plaintiff intends to offer evidence under the
provisions of proposed law, the plaintiff, upon request of the defendant, must provide reasonable
notice in advance of trial of the nature of any such evidence it intends to introduce at trial for such
purposes.
Proposed law cannot be construed to limit the admission or consideration of evidence under any
other provision of present law.
Present law provides that spouses cannot sue each other except for causes of action pertaining to
contracts or arising out of certain provisions of present law relative to restitution of separate
property, divorce or declaration of nullity of the marriage, and causes of action pertaining to spousal
support or the support or custody of a child while the spouses are living separate and apart.
Proposed law retains present law and adds that the interspousal immunity created by present law
cannot be construed to abrogate or modify any cause of action that one spouse might have against
the other. Proposed law further provides that the effect of present law is to bar the right of action
that one spouse has against the other, and prescription is suspended as between spouses during the
marriage. Proposed law further provides that a judgment of divorce places former spouses in the
same situation with respect to each other and any causes of action one spouse might have against the
other as if no marriage had ever been contracted between them.
Effective August 1, 2016.
(Amends R.S. 9:291; adds C.E. Art. 412.4 and 412.5)