HLS 19RS-925 REENGROSSED
2019 Regular Session
HOUSE BILL NO. 489
BY REPRESENTATIVE DUBUISSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
EVIDENCE: Provides relative to hearsay
1 AN ACT
2To enact Code of Evidence Article 801(D)(1)(e), relative to the definition of hearsay; to
3 provide relative to prior statements made by witnesses; to provide relative to
4 statements made by victims of sexually-oriented crimes to healthcare providers; and
5 to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Evidence Article 801(D)(1)(e) is hereby enacted to read as
8follows:
9 Art. 801. Definitions
10 The following definitions apply under this Chapter:
11 * * *
12 D. Statements which are not hearsay. A statement is not hearsay if:
13 (1) Prior statement by witness. The declarant testifies at the trial or hearing
14 and is subject to cross-examination concerning the statement, and the statement is:
15 * * *
16 (e) A statement made by the victim of a sexually-oriented criminal offense
17 to a healthcare provider during the course of a forensic medical examination as
18 defined in R.S. 15:622 and the healthcare provider has documented that statement
19 in writing.
20 * * *
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-925 REENGROSSED
HB NO. 489
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 489 Reengrossed 2019 Regular Session DuBuisson
Abstract: Expands the definition of what is not hearsay to include statements made by the
victim of a sexually-oriented criminal offense to a healthcare provider during a
forensic medical examination if the statement is documented in writing by the
healthcare provider.
Present law provides that certain prior statements by a witness are not hearsay if the
declarant testifies at trial or hearing and is subject to cross-examination concerning the
statement, and the statement is any of the following:
(1)Inconsistent with his testimony in criminal cases provided that the witness has been
given the opportunity to admit the fact.
(2)Consistent with his testimony and offered to rebut charges against him of fabrication,
improper influence or motive.
(3)One of identification of a person made after perceiving the person.
(4)Consistent with declarant's testimony and is one of initial complaint of sexually
assaultive behavior.
Proposed law retains present law and adds to the list of hearsay exceptions statements made
by the victim of a sexually-oriented criminal offense to a healthcare provider during the
course of a forensic medical examination if the statement is documented in writing by the
healthcare provider.
(Adds C.E. Art. 801(D)(1)(e))
The House Floor Amendments to the engrossed bill:
1. Add that, for the exception to apply, the healthcare provider shall have
documented the victim's statement in writing.
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.