SLS 22RS-447 ORIGINAL
2022 Regular Session
SENATE BILL NO. 251
BY SENATOR BARROW
CRIME/PUNISHMENT. Provides for expert testimony for defendants seeking to show
justification at the time of the crime. (8/1/22)
1 AN ACT
2 To enact Code of Evidence Art. 707 and R.S. 14:18(8), relative to expert testimony; to
3 provide for admissibility of expert testimony regarding victims of intimate partner
4 violence, domestic violence, or sexual violence under certain circumstances; to
5 provide for the defense of justification when the offender is a victim of intimate
6 partner violence, domestic violence, or sexual violence; and to provide for related
7 matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 2. Code of Evidence Art. 707 is hereby enacted to read as follows:
10 Art. 707. Expert testimony regarding victim of intimate partner violence,
11 domestic violence, or sexual violence
12 A witness who is qualified as an expert, pursuant to Code of Evidence
13 Article 702, may testify in the form of an opinion on whether a defendant is a
14 victim of intimate partner violence, domestic violence, or sexual violence, and
15 committed the unlawful acts as a direct result of being a victim.
16 Section 1. R.S. 14:18(8) is hereby enacted to read as follows:
17 ยง18. Justification; general provisions
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 251
SLS 22RS-447 ORIGINAL
1 The fact that an offender's conduct is justifiable, although otherwise criminal,
2 shall constitute a defense to prosecution for any crime based on that conduct. This
3 defense of justification can be claimed under the following circumstances:
4 * * *
5 (8) When any crime is committed as a result of the offender being
6 coerced due to being a victim of intimate partner violence, domestic violence,
7 or sexual violence.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Whitney Kauffeld.
DIGEST
SB 251 Original 2022 Regular Session Barrow
Proposed law provides that an expert may testify, after being qualified by the court under
present law, in the form of an opinion on whether the defendant is a victim of intimate
partner violence, domestic violence, or sexual violence and committed the offense at issue
as a direct result of being a victim.
Present law provides that the fact that an offender's conduct is justifiable, although otherwise
criminal, constitutes a defense to prosecution for any crime based on that conduct, and
provides a list of specific justifications.
Proposed law retains present law and adds that justification exists for the commission of the
offense as a result of the offender being coerced or under duress by a perpetrator of intimate
partner violence, domestic violence, or sexual violence.
Effective August 1, 2022.
(Adds C.E. Art. 707 and R.S. 14:18(8))
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.