SLS 18RS-113 REENGROSSED
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 enact Code of Evidence Article 412.5, relative to civil actions for domestic abuse; to
3 provide certain requirements, terms, and procedures; to provide relative to certain
4 evidence; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. Code of Evidence Article 412.5 is hereby enacted to read as follows:
7 Art. 412.5. Evidence of similar crimes, wrongs, or acts in certain civil cases
8 A. In any civil action alleging acts of domestic abuse as defined in R.S.
9 46:2132(3), family violence as defined in R.S. 9:362(4), or sexual abuse as
10 defined in R.S. 9:362(6), evidence of the defendant's commission of a crime,
11 wrong, or act involving acts of domestic abuse, family violence, or sexual abuse
12 may be admissible and may be considered for its bearing on any matter to
13 which it is relevant subject to the balancing test provided in Article 403.
14 B. A plaintiff in a tort action intending to offer evidence under the
15 provisions of this Article shall provide reasonable notice in advance of trial of
16 the nature of such evidence.
17 C. The provisions of this Article shall not be construed to preclude or
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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 REENGROSSED
1 limit the introduction or consideration of any evidence otherwise authorized
2 under law.
3 Section 2. This Act shall become effective upon signature by the governor or, if not
4 signed by the governor, upon expiration of the time for bills to become law without signature
5 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
6 vetoed by the governor and subsequently approved by the legislature, this Act shall become
7 effective on the day following such approval.
The original instrument was prepared by Xavier I. Alexander. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by McHenry Lee.
DIGEST
SB 60 Reengrossed 2018 Regular Session Martiny
Proposed law authorizes the admissibility and consideration of evidence of the defendant's
commission of a crime, wrong, or act involving domestic abuse, family violence, or sexual
abuse in civil actions alleging acts of domestic abuse, family violence, or sexual abuse.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds C.E. Art. 412.5)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Removes provision that includes dating partner as a person who may recover
exemplary damages.
2. Removes provision providing certain prescriptive period terms for a civil
action for an act of domestic abuse, family violence, or sexual abuse.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.