Louisiana 2017 2017 Regular Session

Louisiana House Bill HB27 Comm Sub / Analysis

                    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 27 Reengrossed 2017 Regular Session	Connick
Abstract:  Amends the definition of "household member" for purposes of domestic abuse assistance
and application of certain domestic abuse offenses to include all persons presently or
formerly living in the same residence and who are or were involved in a sexual or intimate
relationship.
Present law (R.S. 14:35.3) defines the crime of domestic abuse battery as the intentional use of force
or violence committed by one household member or family member upon the person of another
household member or family member.
Present law (R.S. 14:37.7) defines the crime of domestic abuse aggravated assault as an assault with
a dangerous weapon committed by one household member or family member upon another
household member or family member.
Present law provides for the issuance of temporary restraining orders, protective orders, and other
assistance under the Protection From Family Violence Act for victims of domestic abuse committed
by one family member or household member against another family member or household member. 
For purposes of present law, "household member" is defined as any person of the opposite sex
presently or formerly living in the same residence with the defendant as a spouse, whether married
or not.  
For purposes of eligibility for domestic abuse assistance and the application of domestic abuse
battery and domestic abuse aggravated assault, proposed law amends the present law definition of
"household member" as follows:
(1)Removes the requirement that the persons be of the opposite sex.
(2)Removes the requirement that the persons were formerly or presently living together as
spouses, whether married or not.
(3)Adds the requirement that the persons are presently or formerly involved in a sexual or
intimate relationship.
(Amends R.S. 14:35.3(B)(5) and 37.7(B)(2) and R.S. 46:2132(4))
Summary of Amendments Adopted by House The House Floor Amendments to the engrossed bill:
1. Amend the definition of "household member" to remove the requirement that the persons
that were formerly or presently living together as spouses, whether married or not, and
instead require the persons to be presently or formerly involved in a sexual or intimate
relationship.