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 451 Original 2020 Regular Session Hilferty
Abstract: Adds a hearsay exception for certain recorded statements made by persons alleging
domestic or dating partner abuse and adds a presumption that the failure to appear pursuant
to a subpoena by a victim of domestic or dating partner abuse is a result of wrongdoing on
the part of the defendant.
Present law lists certain exceptions to the hearsay rule when the declarant is unavailable.
Proposed law adds an exception to the hearsay rule for a contemporaneous statement made by a
person alleging abusive behavior by a family member, household member, or dating partner, as those
terms are defined by present law, and captured upon a body-worn camera or otherwise audio and
visually recorded.
Present law provides that a statement offered against a party that has engaged or acquiesced in
wrongdoing that was intended to, and did procure the unavailability of the declarant as a witness is
not excluded by the hearsay rule.
Proposed law adds a presumption that the failure to appear pursuant to a subpoena by a victim of the
abusive behavior of a family member, household member, or dating partner, as those terms are
defined by present law, is a result of wrongdoing on the part of the defendant.
(Amends C.E. Art. 804(B)(6) and (7); Adds C.E. Art. 804(B)(8))