SLS 18RS-113 ORIGINAL
2018 Regular Session
SENATE BILL NO. 60
BY SENATOR MARTINY
DOMESTIC VIOLENCE. Provides relative to civil actions for domestic abuse. (gov sig)
1 AN ACT
2 To amend and reenact Civil Code Article 2315.8(A), and to enact Civil Code Article 3496.3
3 and Code of Evidence Article 412.5, relative to civil liability for domestic abuse; to
4 provide certain requirements, terms, and procedures; to provide relative to dating
5 partners; to provide relative to certain actions and prescriptive periods; to provide
6 relative to certain evidence; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Civil Code Article 2315.8(A) is hereby amended and reenacted, and Civil
9 Code Article 3496.3 is hereby enacted, to read as follows:
10 Art. 2315.8. Liability for damages caused by domestic abuse
11 A. In addition to general and special damages, exemplary damages may be
12 awarded upon proof that the injuries on which the action is based were caused by a
13 wanton and reckless disregard for the rights and safety of a family or household
14 member, as defined in R.S. 46:2132, or dating partner, as defined in R.S. 46:2151,
15 through acts of domestic abuse resulting in serious bodily injury or severe emotional
16 and mental distress, regardless of whether the defendant was prosecuted for his or
17 her acts.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 60
SLS 18RS-113 ORIGINAL
1 * * *
2 Art. 3496.3. Action against a person for domestic abuse
3 An action against a person for an act of domestic abuse as defined in R.S.
4 46:2132(3), family violence as defined in R.S. 9:362(4), or sexual abuse as
5 defined in R. S. 9:362(6), is subject to a liberative prescriptive period of three
6 years. This prescription commences to run from the day the injury or damage
7 is sustained in the case of non-married persons. If the victim and defendant
8 were married at the time of the occurrence of the act, this prescription
9 commences to run from the day their judgment of divorce becomes final and
10 definitive.
11 Section 2. Code of Evidence Article 412.5 is hereby enacted to read as follows:
12 Art. 412.5. Evidence of similar crimes, wrongs, or acts in certain civil cases
13 A. In any civil action alleging acts of domestic abuse as defined in R.S.
14 46:2132(3), family violence as defined in R.S. 9:362(4), or sexual abuse as
15 defined in R.S. 9:362(6) evidence of the defendant's commission of a crime,
16 wrong, or act involving acts of domestic abuse, family violence, or sexual abuse
17 may be admissible and may be considered for its bearing on any matter to
18 which it is relevant subject to the balancing test provided in Article 403.
19 B. A plaintiff in a tort action intending to offer evidence under the
20 provisions of this Article shall provide reasonable notice in advance of trial of
21 the nature of such evidence.
22 C. The provisions of this Article shall not be construed to preclude or
23 limit the introduction or consideration of any evidence otherwise authorized
24 under law.
25 Section 3. This Act shall become effective upon signature by the governor or, if not
26 signed by the governor, upon expiration of the time for bills to become law without signature
27 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
28 vetoed by the governor and subsequently approved by the legislature, this Act shall become
29 effective on the day following such approval.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 60
SLS 18RS-113 ORIGINAL
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Xavier I. Alexander.
DIGEST
SB 60 Original 2018 Regular Session Martiny
Present law authorizes exemplary damages under certain circumstances for domestic abuse
caused by a wanton and reckless disregard for the rights and safety of a family or household
member.
Proposed law retains present law and adds dating partner as a person who may recover such
exemplary damages.
Proposed law also provides certain prescriptive period terms for a civil action for an act of
domestic abuse, family violence, or sexual abuse.
Proposed law further authorizes the admissibility and consideration in such actions of
evidence of the defendant's commission of a crime, wrong, or act involving domestic abuse,
family violence, or sexual abuse.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends C.C. Art. 2315.8(A); adds C.C. Art. 3496.3 and C.E. Art. 412.5)
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.