ENROLLED
ACT No. 264
2018 Regular Session
HOUSE BILL NO. 100
BY REPRESENTATIVE WHITE
(On Recommendation of the Louisiana State Law Institute)
1 AN ACT
2 To amend and reenact Civil Code Articles 2315.8(B) and 2362.1(B), Children's Code Article
3 1570.1(A), R.S. 9:367, and R.S. 46:2136.1(A), and to enact R.S. 9:314, relative to
4 the award of costs and attorney fees; to provide for the assessment of costs and
5 attorney fees in the Domestic Abuse Assistance Act and the Post-Separation Family
6 Violence Relief Act; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Civil Code Articles 2315.8(B) and 2362.1(B) are hereby amended and
9 reenacted to read as follows:
10 Art. 2315.8. Liability for damages caused by domestic abuse
11 * * *
12 B. Upon motion of the defendant or upon its own motion, if the court
13 determines that any an action alleging domestic abuse seeking damages under this
14 Article is frivolous or fraudulent, the court shall award costs of court, reasonable
15 attorney fees, and any other related costs to the defendant and any other sanctions
16 and relief requested pursuant to Code of Civil Procedure Article 863.
17 * * *
18 Art. 2362.1. Obligation incurred in an action for divorce
19 * * *
20 B. Notwithstanding the provisions of Paragraph A of this Article, the court
21 may assess The obligation for attorney fees and costs incurred by the perpetrator of
22 abuse or awarded against him in an action for divorce granted pursuant to Article
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 100 ENROLLED
1 103(4) or (5) or in an action in which the court determines that a spouse or a child
2 of one of the spouses was the victim of domestic abuse committed by the perpetrator
3 during the marriage, and in incidental actions, thereafter against the perpetrator of
4 abuse, which shall be a separate obligation of the perpetrator.
5 Revision Comments - 2018
6 R.S. 9:314 authorizes a court to exercise its discretion to assess
7 attorney fees and costs against the perpetrator of domestic abuse in divorce
8 and incidental actions. Paragraph B of this Article makes the obligation to
9 pay any fees or costs assessed under R.S. 9:314 a separate obligation of the
10 perpetrator of domestic abuse. It also makes the obligation incurred by the
11 perpetrator to pay his own attorney fees and costs the perpetrator’s separate
12 obligation.
13 Section 2. Children's Code Article 1570.1(A) is hereby amended and reenacted to
14 read as follows:
15 Art. 1570.1. Costs paid by abuser
16 A. All court costs, attorney fees, costs of enforcement and modifications
17 modification proceedings, costs of appeals appeal, evaluation fees, and expert
18 witness fees incurred in maintaining or defending any proceeding concerning
19 domestic abuse assistance in accordance with the provisions of this Chapter shall be
20 paid by the perpetrator of the domestic violence, including all costs of medical and
21 psychological care for the abused adult, or for any of the children, necessitated by
22 the domestic violence.
23 * * *
24 Section 3. R.S. 9:367 is hereby amended and reenacted and R.S. 9:314 is hereby
25 enacted to read as follows:
26 §314. Attorney fees and court costs in domestic abuse cases
27 The court may assess against the perpetrator of domestic abuse all court
28 costs, attorney fees, costs of enforcement and modification proceedings, costs of
29 appeal, evaluation fees, and expert witness fees in an action for divorce granted
30 pursuant to Civil Code Article 103(4) or (5), or in an action in which the court
31 determines that a party to a divorce or a child of one of the spouses was the victim
32 of domestic abuse committed by the perpetrator during the marriage, and in
33 incidental actions.
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1 Revision Comments - 2018
2 (a) This provision is consistent with the Post-Separation Family Violence
3 Relief Act (see R.S. 9:367) and the Domestic Abuse Assistance Act (see R.S.
4 46:2136.1 and Ch.C. Art. 1570.1).
5 (b) See Civil Code Article 105, listing incidental actions in family law
6 matters.
7 * * *
8 §367. Costs
9 In any family violence case, all court costs, attorney fees, costs of
10 enforcement and modification proceedings, costs of appeal, evaluation fees, and
11 expert witness fees incurred in furtherance of this Part shall be paid by the
12 perpetrator of the family violence, including all costs of medical and psychological
13 care for the abused spouse, or for any of the children, necessitated by the family
14 violence.
15 Section 4. R.S. 46:2136.1(A) is hereby amended and reenacted to read as follows:
16 §2136.1. Costs paid by abuser
17 A. All court costs, attorney fees, costs of enforcement and modifications
18 modification proceedings, costs of appeals appeal, evaluation fees, and expert
19 witness fees incurred in maintaining or defending any proceeding concerning
20 domestic abuse assistance in accordance with the provisions of this Part shall be paid
21 by the perpetrator of the domestic violence, including all costs of medical and
22 psychological care for the abused adult, or for any of the children, necessitated by
23 the domestic violence.
24 * * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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