HLS 24RS-259 ORIGINAL
2024 Regular Session
HOUSE BILL NO. 208
BY REPRESENTATIVE VILLIO
DOMESTIC ABUSE: Provides relative to additional penalties for certain domestic violence
offenses
1 AN ACT
2To amend and reenact R.S. 14:34.9(L) and (N) and 35.3(L) and (N), relative to certain
3 domestic violence offenses; to provide for additional penalties when the offense
4 involves strangulation; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 14:34.9(L) and (N) and 35.3(L) and (N) are hereby amended and
7reenacted to read as follows:
8 §34.9. Battery of a dating partner
9 * * *
10 L.(1) Notwithstanding any provision of law to the contrary, if the offense
11 involves strangulation, the offender, in addition to any other penalties imposed
12 pursuant to this Section, shall be imprisoned at hard labor for not more than three
13 years.
14 (2) If the strangulation results in serious bodily injury, the offender, in
15 addition to any other penalties imposed pursuant to this Section, shall be imprisoned
16 at hard labor for not less than five nor more than fifty years without benefit of
17 probation, parole, or suspension of sentence.
18 * * *
19 N. Except as provided in Paragraph Paragraphs (L)(2) and (M)(2) and
20 Subsection P of this Section, if the offender intentionally inflicts serious bodily
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-259 ORIGINAL
HB NO. 208
1 injury, the offender, in addition to any other penalties imposed pursuant to this
2 Section, shall be imprisoned at hard labor for not more than eight years.
3 * * *
4 §35.3. Domestic abuse battery
5 * * *
6 L.(1) Notwithstanding any provision of law to the contrary, if the domestic
7 abuse battery involves strangulation, the offender, in addition to any other penalties
8 imposed pursuant to this Section, shall be imprisoned at hard labor for not more than
9 three years.
10 (2) If the strangulation results in serious bodily injury, the offender, in
11 addition to any other penalties imposed pursuant to this Section, shall be imprisoned
12 at hard labor for not less than five nor more than fifty years without benefit of
13 probation, parole, or suspension of sentence.
14 * * *
15 N. Except as provided in Paragraph Paragraphs (L)(2) and (M)(2) and
16 Subsection P of this Section, if the offender intentionally inflicts serious bodily
17 injury, the offender, in addition to any other penalties imposed pursuant to this
18 Section, shall be imprisoned at hard labor for not more than eight years.
19 * * *
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 208 Original 2024 Regular Session Villio
Abstract: Provides additional penalties for the domestic violence offenses of battery of a
dating partner and domestic abuse battery.
Present law (R.S. 14:34.9) provides for the crime of battery of a dating partner.
Proposed law retains present law.
Present law (R.S. 14:34.9(L)) provides that if the present law offense of battery of a dating
partner involves strangulation, the offender, in addition to any other penalties imposed
pursuant to present law, shall be imprisoned at hard labor for not more than three years.
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HB NO. 208
Proposed law retains present law and adds that if the strangulation results in serious bodily
injury, the offender, in addition to any other penalties imposed pursuant to present law, shall
be imprisoned at hard labor for not less than five nor more than 50 years without benefit of
probation, parole, or suspension of sentence.
Present law (R.S. 14:34.9(N)) provides that except as provided in present law (R.S.
14:34.9(M)(2) and (P)), if the offender intentionally inflicts serious bodily injury, the
offender, in addition to any other penalties imposed pursuant to present law, shall be
imprisoned at hard labor for not more than eight years.
Proposed law amends present law to add an exception for proposed law as it relates to
strangulation that results in serious bodily injury.
Present law (R.S. 14:35.3) provides for the crime of domestic abuse battery.
Proposed law retains present law.
Present law (R.S. 14:35.3(L)) provides that if the present law offense of domestic abuse
battery involves strangulation, the offender, in addition to any other penalties imposed
pursuant to present law, shall be imprisoned at hard labor for not more than three years.
Proposed law retains present law and adds that if the strangulation results in serious bodily
injury, the offender, in addition to any other penalties imposed pursuant to present law, shall
be imprisoned at hard labor for not less than five nor more than 50 years without benefit of
probation, parole, or suspension of sentence.
Present law (R.S. 14:35.3(N)) provides that except as provided in present law (R.S.
14:35.3(M)(2) and (P)), if the offender intentionally inflicts serious bodily injury, the
offender, in addition to any other penalties imposed pursuant to present law, shall be
imprisoned at hard labor for not more than eight years.
Proposed law amends present law to add an exception for proposed law as it relates to
strangulation that results in serious bodily injury.
(Amends R.S. 14:34.9(L) and (N) and 35.3(L) and (N))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.