HLS 17RS-590 ENGROSSED
2017 Regular Session
HOUSE BILL NO. 223
BY REPRESENTATIVE MORENO AND SENATOR CL AITOR
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
DOMESTIC ABUSE: Expands the application of domestic abuse battery, domestic abuse
aggravated assault, and other provisions of law regarding domestic abuse to dating
partners
1 AN ACT
2To amend and reenact R.S.14:35.3(A), (B)(4), (5), (6), and (7), (G)(1), and (J) and 37.7(A)
3 and (B), R.S. 15:590(8), R.S. 46:2136.3(A)(introductory paragraph) and (1), Code
4 of Evidence Article 412.4(A) and (D)(2) and (3), and Code of Criminal Procedure
5 Article 387(A)(introductory paragraph) and to enact R.S. 14:35.3(B)(8) and Code of
6 Evidence Article 412.4(D)(4), relative to domestic abuse; to provide relative to acts
7 of abuse involving dating partners; to expand the application of the crimes of
8 domestic abuse battery and domestic abuse aggravated assault to dating partners; to
9 add offenses of abuse involving dating partners to the types of offenses for which
10 certain information is obtained upon arrest and conviction; to provide relative to the
11 possession of firearms by persons subject to a permanent injunction or protective
12 order for acts of abuse involving dating partners; to provide relative to admissibility
13 of evidence of similar crimes, wrongs, or acts in cases of abuse involving dating
14 partners; to provide relative to the information required when instituting the
15 prosecution for an offense involving abuse against a dating partner; to provide
16 definitions; and to provide for related matters.
Page 1 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-590 ENGROSSED
HB NO. 223
1Be it enacted by the Legislature of Louisiana:
2 Section 1. R.S.14:35.3(A), (B)(4), (5), (6), and (7), (G)(1), and (J) and 37.7(A) and
3(B) are hereby amended and reenacted and R.S. 14:35.3(B)(8) is hereby enacted to read as
4follows:
5 §35.3. Domestic abuse battery
6 A. Domestic abuse battery is the intentional use of force or violence
7 committed by one household member, or family member, or dating partner upon the
8 person of another household member, or family member, or dating partner.
9 B. For purposes of this Section:
10 * * *
11 (4) "Dating partner" has the same meaning as defined in R.S. 46:2151.
12 (4)(5) "Family member" means spouses, former spouses, parents, children,
13 stepparents, stepchildren, foster parents, and foster children.
14 (5)(6) "Household member" means any person of the opposite sex presently
15 or formerly living in the same residence with the offender as a spouse, whether
16 married or not, or any child presently or formerly living in the same residence with
17 the offender, or any child of the offender regardless of where the child resides.
18 (6)(7) "Serious bodily injury" means bodily injury that involves
19 unconsciousness, extreme physical pain, or protracted and obvious disfigurement,
20 or protracted loss or impairment of the function of a bodily member, organ, or
21 mental faculty, or a substantial risk of death.
22 (7)(8) "Strangulation" means intentionally impeding the normal breathing
23 or circulation of the blood by applying pressure on the throat or neck or by blocking
24 the nose or mouth of the victim.
25 * * *
26 G.(1) For purposes of determining whether an offender has a prior
27 conviction for violation of this Section, a conviction under this Section, or a
28 conviction under the laws of any state or an ordinance of a municipality, town, or
29 similar political subdivision of another state which prohibits the intentional use of
Page 2 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-590 ENGROSSED
HB NO. 223
1 force or violence committed by one household member, or family member, or dating
2 partner upon another household member, or family member, or dating partner shall
3 constitute a prior conviction.
4 * * *
5 J. Any crime of violence, as defined in R.S. 14:2(B), against a person
6 committed by one household member, family member, or dating partner against
7 another household member, family member, or dating partner shall be designated as
8 an act of domestic abuse for consideration in any civil or criminal proceeding.
9 * * *
10 §37.7. Domestic abuse aggravated assault
11 A. Domestic abuse aggravated assault is an assault with a dangerous weapon
12 committed by one household member, or family member, or dating partner upon
13 another household member, or family member, or dating partner.
14 B. For purposes of this Section:
15 (1) "Dating partner" has the same meaning as defined in R.S. 46:2151.
16 (1)(2) "Family member" means spouses, former spouses, parents, children,
17 stepparents, stepchildren, foster parents, and foster children.
18 (2)(3) "Household member" means any person of the opposite sex presently
19 or formerly living in the same residence with the offender as a spouse, whether
20 married or not, or any child presently or formerly living in the same residence with
21 the offender, or any child of the offender regardless of where the child resides.
22 * * *
23 Section 2. R.S. 15:590(8) is hereby amended and reenacted to read as follows:
24 §590. Obtaining and filing fingerprint and identification data
25 The bureau shall obtain and file the name, fingerprints, description,
26 photographs, and any other pertinent identifying data as the deputy secretary deems
27 necessary, of any person who meets any of the following:
28 * * *
Page 3 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-590 ENGROSSED
HB NO. 223
1 (8) Has been arrested, or has been issued a summons and subsequently
2 convicted, for a violation of any state law or local ordinance that prohibits the use
3 of force or a deadly weapon against any family member, household member, or
4 dating partner as those terms are defined by R.S. 14:35.3 or any household member
5 as defined by R.S. 14:35.3.
6 Section 3. R.S. 46:2136.3(A)(introductory paragraph) and (1) is hereby amended and
7reenacted to read as follows:
8 §2136.3. Prohibition on the possession of firearms by a person against whom a
9 protective order is issued
10 A. Any person against whom the court has issued a permanent injunction or
11 a protective order pursuant to a court-approved consent agreement or pursuant to the
12 provisions of R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2136, 2151, or 2173, Children's
13 Code Article 1570, Code of Civil Procedure Article 3607.1, or Code of Criminal
14 Procedure Articles 30, 327.1, 335.1, 335.2 320, or 871.1 shall be prohibited from
15 possessing a firearm for the duration of the injunction or protective order if both of
16 the following occur:
17 (1) The permanent injunction or protective order includes a finding that the
18 person subject to the permanent injunction or protective order represents a credible
19 threat to the physical safety of a family member, or household member, or dating
20 partner.
21 * * *
22 Section 4. Code of Evidence Article 412.4(A) and (D)(2) and (3) are hereby
23amended and reenacted and Code of Evidence Article 412.4(D)(4) is hereby enacted to read
24as follows:
25 Art. 412.4. Evidence of similar crimes, wrongs, or acts in domestic abuse cases and
26 cruelty against juveniles cases
27 A. When an accused is charged with a crime involving abusive behavior
28 against a family member, household member, or dating partner or with acts which
29 constitute cruelty involving a victim who was under the age of seventeen at the time
Page 4 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-590 ENGROSSED
HB NO. 223
1 of the offense, evidence of the accused's commission of another crime, wrong, or act
2 involving assaultive behavior against a family member, or household member, or
3 dating partner or acts which constitute cruelty involving a victim who was under the
4 age of seventeen at the time of the offense, may be admissible and may be
5 considered for its bearing on any matter to which it is relevant, subject to the
6 balancing test provided in Article 403.
7 * * *
8 D. For purposes of this Article:
9 * * *
10 (2) "Dating partner" has the same meaning as defined in R.S. 46:2151.
11 (2)(3) "Family member" means spouses, former spouses, parents and
12 children, stepparents, stepchildren, foster parents, and foster children.
13 (3)(4) "Household member" means any person having reached the age of
14 majority presently or formerly living in the same residence with the offender as a
15 spouse, whether married or not, or any child presently or formerly living in the same
16 residence with the offender, or any child of the offender regardless of where the child
17 resides.
18 Section 5. Code of Criminal Procedure Article 387(A)(introductory paragraph) is
19hereby amended and reenacted to read as follows:
20 Art. 387. Additional information required when prosecuting certain offenses
21 A. When instituting the prosecution of an offense involving a violation of
22 any state law or local ordinance that prohibits the use of force or a deadly weapon
23 against any family member, household member, or dating partner as those terms are
24 defined by R.S. 14:35.3 or any household member as defined by R.S. 14:35.3, the
25 district attorney, or city prosecutor for criminal prosecutions in city court, shall
26 include the following information in the indictment, information, or affidavit:
27 * * *
Page 5 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-590 ENGROSSED
HB NO. 223
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 223 Engrossed 2017 Regular Session Moreno
Abstract: Expands the application of domestic abuse battery, domestic abuse aggravated
assault, and other provisions of law regarding domestic abuse to dating partners.
Present law provides for the following:
(1)The crimes of domestic abuse and domestic abuse aggravated assault for cases
involving the use of force or violence or assault with a dangerous weapon by one
household member or family member against another household member or family
member.
(2)Requires the La. Bureau of Criminal Identification and Information to obtain and file
the name, fingerprints, description, photographs, and other pertinent identifying data
of any person who has been arrested, or has been issued a summons and
subsequently convicted, for a violation of any state law or ordinance that prohibits
the use of force or a deadly weapon against any family member or household
member.
(3)Prohibits any person against whom the court has issued a permanent injunction or
a protective order relative to domestic abuse from possessing a firearm for the
duration of the injunction or protective order if the injunction or order includes a
finding that the person represents a credible threat to the physical safety of a family
member or household member and the injunction or order informs the person that he
is prohibited from possessing a firearm pursuant to both state and federal law.
(4)For crimes in which the accused is charged with a crime involving abusive behavior
against a family member or household member, provides for the admissibility of
evidence of the accused's commission of another crime, wrong, or act involving
assaultive behavior against a family member or household member unless the
probative value of the evidence 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.
(5)Requires the district attorney to include certain information in the indictment,
information, or affidavit when instituting the prosecution for an offense involving
a violation of any state law or local ordinance that prohibits the use of force or a
deadly weapon against a family member or household member.
(6)For all of these purposes, present law provides for the following definitions:
(a)"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.
(b)"Family member" means spouses, former spouses, parents, children,
stepparents, stepchildren, foster parents, and foster children.
Page 6 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-590 ENGROSSED
HB NO. 223
(7)Defines "dating partner", for purposes of the present law Protection from Dating
Violence Act (R.S. 46:2151 et seq.), as any person who is or has been in a social
relationship of a romantic or intimate nature with the victim and where the existence
of such a relationship shall be determined based on a consideration of the following
factors: the length of the relationship, the type of relationship, and the frequency of
interaction between the persons involved in the relationship.
Proposed law expands the applicability of these provisions of present law to cases of abuse
involving "dating partners" as that term is defined by present law.
(Amends R.S.14:35.3(A), (B)(4), (5), (6), and (7), (G)(1), and (J) and 37.7(A) and (B), R.S.
15:590(8), R.S. 46:2136.3(A)(intro. para.) and (1), C.E. Art. 412.4(A) and (D)(2) and (3),
and C.Cr.P. Art. 387(A)(intro. para.); Adds R.S. 14:35.3(B)(8) and C.E. Art. 412.4(D)(4))
Page 7 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.