RÉSUMÉ DIGEST
ACT 84 (HB 223) 2017 Regular Session Moreno
Existing law provides for the following:
(1)The crime of domestic abuse battery for cases involving the use of force or violence
by one household member or family member against another household member or
family member. In addition to criminal penalties, prohibits persons convicted of
domestic abuse battery from possessing a firearm for a period of 10 years from the
date of completion of sentence, probation, parole, or suspension of sentence.
(2)The crime of domestic abuse aggravated assault for cases involving an assault with
a dangerous weapon by one household member or family member against another
household member or family member. Because the offense is a felony and is
designated as a crime of violence, persons convicted of the offense are prohibited
from possessing a firearm for a period of ten years from the date of completion of
sentence, probation, parole, or suspension of sentence.
New law creates the crime of battery of a dating partner and provides for all of the following
in this regard:
(1)Criminal penalties including fines, terms of imprisonment, and enhanced penalties
for offenses involving burning or strangulation.
(2)Requires those persons placed on probation for the offense to complete a court-
monitored domestic abuse intervention program and prohibits those persons from
possessing a firearm for the entirety of the sentence.
(3)Expands the existing law (R.S. 14:95.10) prohibition on the possession of firearms
by persons convicted of domestic abuse battery to include persons convicted of a
second or subsequent offense of battery of a dating partner and persons convicted of
battery of a dating partner where the offense involves strangulation or burning.
(4)Defines "dating partner" as any person who is involved or has been involved in a
sexual or intimate relationship with the offender characterized by the expectation of
affectionate involvement independent of financial considerations, regardless of
whether the person presently lives or formerly lived in the same residence with the
offender. Provides that "dating partner" shall not include a casual relationship or
ordinary association between persons in a business or social context.
New law creates the crime of aggravated assault upon a dating partner, as defined by new
law, and provides criminal penalties for the offense. Further designates the crime as a crime
of violence, and therefore, persons convicted of the offense are prohibited from possessing
a firearm for a period of ten years from the date of completion of sentence, probation, parole,
or suspension of sentence as provided by existing law.
Existing law provides for all of the following with regard to domestic abuse by one
household member or family member against another household member or family member:
(1)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.
(2)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. (3)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.
(4)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.
(5)For all of these purposes, existing law defines "household member" and "family
member".
(6)Defines "dating partner", for purposes of the existing 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.
New law expands the applicability of these provisions of existing law to cases of abuse
involving dating partners, and amends the definition of "dating partners" to have the same
meaning as provided in the new law crime of battery of a dating partner.
Effective August 1, 2017.
(Amends R.S.14:95.10(A), (C), and (E), R.S. 15:590(8), R.S. 46:2136.3(A)(intro. para.) and
(1) and 2151(B), C.E. Art. 412.4(A) and (D), and C.Cr.P. Art. 387(A)(intro. para.); Adds
R.S. 14:2(B)(47), 34.9, and 34.9.1)