HLS 24RS-259 ENGROSSED 2024 Regular Session HOUSE BILL NO. 208 BY REPRESENTATIVES VILLIO, ADAMS, BACALA, BOYER, HORTON, KNOX, LAFLEUR, AND MOORE 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 * * * Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-259 ENGROSSED HB NO. 208 1 N. Except as provided in Paragraph Paragraphs (L)(2) and (M)(2) and 2 Subsection P of this Section, if the offender intentionally inflicts serious bodily 3 injury, the offender, in addition to any other penalties imposed pursuant to this 4 Section, shall be imprisoned at hard labor for not more than eight years. 5 * * * 6 §35.3. Domestic abuse battery 7 * * * 8 L.(1) Notwithstanding any provision of law to the contrary, if the domestic 9 abuse battery involves strangulation, the offender, in addition to any other penalties 10 imposed pursuant to this Section, shall be imprisoned at hard labor for not more than 11 three years. 12 (2) If the strangulation results in serious bodily injury, the offender, in 13 addition to any other penalties imposed pursuant to this Section, shall be imprisoned 14 at hard labor for not less than five nor more than fifty years without benefit of 15 probation, parole, or suspension of sentence. 16 * * * 17 N. Except as provided in Paragraph Paragraphs (L)(2) and (M)(2) and 18 Subsection P of this Section, if the offender intentionally inflicts serious bodily 19 injury, the offender, in addition to any other penalties imposed pursuant to this 20 Section, shall be imprisoned at hard labor for not more than eight years. 21 * * * 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 Engrossed 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. Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-259 ENGROSSED HB NO. 208 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. 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)) Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions.