The original instrument was prepared by Alden A. Clement, Jr. The following digest,
which does not constitute a part of the legislative instrument, was prepared by Jerry
G. Jones.
DIGEST
SB 162 Engrossed 2016 Regular Session Peterson
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 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. and 412.5)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the original bill
1. Deleted provisions relative to evidence that could be offered in criminal matters. 2. Deleted requirement in civil matters that defendant must first make a request to
plaintiff before being provided with notice that certain evidence may be offered.