Bill Summary – FastDemocracy

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)]
                      CONFERENCE COMMITTEE REPORT DIGEST
HB 159                                 2021 Regular Session                                    White
                 Keyword and oneliner of the instrument as it left the House
DOMESTIC ABUSE: Provides for the definition of domestic abuse
                             Report adopts Senate amendments to:
1.     Add short titles for the Domestic Abuse Assistance Acts and the Post-Separation Domestic
       Abuse Relief Act.
2.     Provide a cross-reference in the C.Cr.P. to present law provisions regarding grounds for the
       issuance of a permanent injunction or protective order.
3.     Specify that for the court to order the transfer of firearms and the suspension of a concealed
       handgun permit in response to the issuance of a permanent injunction or restraining order,
       the injunction or restraining order shall be issued following a consent agreement or notice
       and an opportunity to be heard sufficient to protect due process.
4.     Provide a distinction in statutory references to allow for the applicability of orders issued
       before and after the effective date of the Act.
5.     Change the definition of "dating partner".
                    Report rejects Senate amendments which would have:
1.     Made technical changes to the bill title.
                                    Report amends the bill to:
1.     Add a provision to the Domestic Abuse Assistance Act to clarify that the proposed law
       definition of "domestic abuse" creates no substantive cause of action under Louisiana law
       for financial support or property rights between dating partners, cohabitants, or other
       unmarried household members.
2.      Make technical changes.
                 Digest of the bill as proposed by the Conference Committee
Present law provides over 50 piecemeal provisions of law relative to domestic violence and family
violence.
Proposed law provides a consistent and comprehensive definition of "domestic abuse" through all
areas of civil law which includes both physical manifestations of abuse and patterns of assaultive or
coercive behaviors, including but not limited to physical, sexual, and psychological threats and
attacks and financial control.
Present law (C.C. Art. 103) provides for the granting of a divorce upon proof of physical or sexual
abuse of a spouse or child of the spouse.
Proposed law provides for the granting of a divorce upon proof of domestic abuse.
Present law (C.C. Art. 112) requires the court to consider the existence, effect, and duration of
domestic abuse in the determination of spousal support.
Proposed law retains present law and updates terminology.
Present law (C.C. Art. 134) requires the court to consider certain factors in determining the best
interest of the child before making custody and visitation determinations.
Proposed law conforms the factors to the civil definition of domestic abuse and elevates the
importance of those factors without excluding any other factor. Proposed law also refers the court
to the Post-Separation Domestic Abuse Relief Act.
Present law (C.C. Art. 136) provides for the awarding of visitation when a parent is not granted
custody.
Proposed law changes a cross-reference and adds a new factor relative to abuse to be considered.
Proposed law (C.C. Art. 162) defines "domestic abuse" to include a single act or a pattern of
behavior, including physical abuse, coercion, control, punishment, intimidation, or exacting revenge
upon, committed by one family member, current or former household member, or dating partner
against another.
Proposed law (R.S. 46:2136.3(A)(3)) requires a third element to be met in order for the court to
prohibit a person against whom a permanent injunction or a protective order has been issued from
possessing a firearm or carrying a concealed weapon while under the injunction or protective order.
Present law (C.C. Arts. 2315.8 and 2362.1) provides liability for damages caused by domestic abuse
and creates a separate obligation for the payment of attorney fees and costs incurred by a spouse who
commits domestic abuse.
Proposed law retains present law, deletes an obsolete cross-reference, and updates terminology.
Present law (C.C.P. Arts. 891, 3603.1, 3604, 3607.1, 3610, and 3945) provides for the form of a
petition and for the form, registry, and security for a temporary restraining order or preliminary
injunction involving domestic violence.
Proposed law retains present law and updates cross-references and terminology.
Present law (Ch.C. Art. 652) provides for the confidentiality of certain identifying information
regarding a victim of domestic abuse.
Proposed law retains present law and updates cross-references and terminology.
Present law (Ch.C. Arts. 1564-1573) provides, through a Domestic Abuse Assistance Act, a civil
remedy in the juvenile courts for domestic abuse in homes where children reside.
Present law provides for definitions, venue, form of the petition, temporary restraining orders and
protective orders, costs, and law enforcement duties.
Proposed law provides a cross-reference to the Civil Code definition of "domestic abuse" and
updates corresponding terminology.
Present law (C.E. Art. 412.5) provides for the admissibility of evidence of similar crimes, wrongs,
or acts in civil cases.
Proposed law retains present law and updates cross-references and terminology.
Present law (C.Cr.P. Arts. 313, 320, 321, 893, 895, 899.2, 900, 1001, and 1002) provides for bail,
suspension of sentence, probation, and the transfer of firearms in domestic violence cases.
Proposed law retains present law, provides a cross-reference to the Civil Code definition of
"domestic abuse", and updates corresponding terminology and cross-references.
Proposed law provides a cross-reference to present law provisions regarding grounds for the issuance
of a permanent injunction or protective order.
Proposed law specifies that for the court to order the transfer of firearms and the suspension of a
concealed handgun permit in response to the issuance of a permanent injunction or restraining order,
the injunction or restraining order shall be issued following a consent agreement or notice and an
opportunity to be heard sufficient to protect due process.
Present law (R.S. 9:314) permits a court to assess attorney fees and court costs against a person who
commits domestic abuse.
Proposed law requires the court to assess attorney fees and court costs against a person who commits
domestic abuse.
Present law (R.S. 9:345, 355.2, 358.2, 358.3, and 359.13) provides for the appointment of an
attorney in child custody and visitation proceedings, the relocation of the residence of a child,
parenting coordinators, and the Military Parent and Child Custody Protection Act.
Proposed law retains present law and updates cross-references and terminology. Further provides a
distinction in statutory references to allow for the applicability of orders issued before and after the
effective date of the Act.
Present law (R.S. 9:361-369) provides for the Post-Separation Family Violence Relief Act.
Proposed law renames the Act the "Post-Separation Domestic Abuse Relief Act," provides a cross-
reference to the Civil Code definition of "domestic abuse," updates corresponding terminology and
cross-references, and clarifies the presumption that a parent who has committed domestic abuse shall
not be awarded joint or sole custody.
Present law (R.S. 9:372, 2603, 2800.9, 3261.1, and 4103) provides for injunctions, the Louisiana
Uniform Electronic Transactions Act, actions against a person for the abuse of a minor, lease
agreements, and the referral of cases for mediation.
Proposed law retains present law and updates cross-references and terminology.
Present law (R.S. 13:621.21, 621.22, 721, 1802, 1819, 1821, 1830, 1852, 1856, 1857, 1858, 1859,
2106, and 5304) provides for jurisdiction of courts, powers of commissioners, the Uniform Child
Custody Jurisdiction and Enforcement Act, the Uniform International Child Abduction Prevention
Act, the collection of a nonrefundable fee in certain cases in city court, and drug division probation
programs.
Proposed law retains present law, provides a cross-reference to the Civil Code definition of
"domestic abuse", and updates corresponding terminology and cross-references.
Present law (R.S. 14:79) provides for the violation of protective orders.
Proposed law retains present law and updates cross-references.
Present law (R.S. 15:257.1, 574.7, 574.9, and 587.8) provides an exception for material witness
warrants for certain victims, violations of parole, and access to criminal history.
Proposed law retains present law and updates cross-references and terminology.
Present law (R.S. 17:7.2) establishes qualifications and requirements for teacher education programs.
Proposed law retains present law and updates terminology.
Present law (R.S. 22:1063 and 1078) prohibits insurance discrimination against certain persons
including victims of domestic violence.
Proposed law retains present law, provides a cross-reference to the Civil Code definition of
"domestic abuse", and updates corresponding terminology.
Present law (R.S. 33:9701) ensures access to emergency services for victims of domestic abuse.
Proposed law retains present law and provides a cross-reference to the Civil Code definition of
"domestic abuse."
Present law (R.S. 37:2554) provides for the qualifications of short hand reporters and the use of
electronic or audio recordings in hearings related to abuse.
Proposed law retains present law and updates cross-references.
Present law (R.S. 39:1619) provides for social services contracts.
Proposed law retains present law and updates terminology.
Present law (R.S. 40:506, 1379.3.2, 2405.8, and 2533) provides for housing authorities, concealed
handgun permits, peace officer training requirements, and the rights of law enforcement officers
while under investigation.
Proposed law retains present law, provides a cross-reference to the Civil Code definition of
"domestic abuse", and updates corresponding terminology and additional cross-references.
Present law (R.S. 44:3) provides for the disclosure of public records.
Proposed law deletes definitions of "family member," "household member," and "dating partner" and
updates cross-references.
Present law (R.S. 46:52.1, 236.5, 236.10, 1842, 1844, 1845, 1846, and 1861) provides for certain
programs administered by the Department of Children and Family Services, rights of victims and
witnesses of crime, and family justice centers.
Proposed law retains present law and updates corresponding terminology and cross-references.
Present law (R.S. 46:2131-2143) provides for the Domestic Abuse Assistance Act.
Proposed law defines "domestic abuse" to include a single act or a pattern of behavior, including
physical abuse, coercion, control, punishment, intimidation, or exacting revenge upon, committed
by one family member, current or former household member, or dating partner against another.
Present law (R.S. 46:2151) defines "dating partner". Proposed law (R.S. 46:2132) retains present
law.
Proposed law also updates corresponding terminology and cross-references throughout the Act.
Present law (R.S. 9:341) provides restrictions on visitation whenever the court finds by a
preponderance of the evidence that a parent has subjected any of his children or stepchildren to
family violence.
Proposed law repeals present law but moves the provisions relative to supervised visitation when
a parent has subjected his children to domestic abuse to R.S. 9:364 in the Post-Separation Domestic
Abuse Relief Act.
Present law (R.S. 46:1844) cross-references existing definitions of "family member," "household
member," and "dating partner".
Proposed law deletes present law.
Present law (R.S. 46:2121.1) defines "family or household members," "family violence," and "victim
of family violence".
Proposed law repeals present law.
Proposed law clarifies that the proposed law definition of "domestic abuse" creates no substantive
cause of action under Louisiana law for financial support or property rights between dating partners,
cohabitants, or other unmarried household members.
Present law (R.S. 46:2140) defines "dating violence," and "domestic abuse".
Proposed law repeals present law.
Present law (R.S. 46:2151) provides for the Protection From Dating Violence Act and defines
"dating partner".
Proposed law repeals present law but includes dating partners within the definition of "domestic
abuse" and in the Domestic Abuse Assistance Act.
Present law (C.C. Art. 104) provides for the extinguishment of a cause of action for divorce when
the parties reconcile.
Proposed law provides a Comment explaining that a reconciliation in the domestic abuse context
should be carefully considered because the necessary mutual intent to reconcile may not be present.
(Amends C.C. Arts. 103(4) and (5), 112(B)(9), 134, 136(A), the heading of Title VI of Book I, and
C.C. Arts. 2315.8(A) and 2362.1(B), C.C.P. Arts. 891(B), 3603.1(A) and (C)(1), 3604(C)(1), 3607.1,
3610, and 3945(G), Ch.C. Arts. 652(E)(2), 1564, 1565, 1566(C), 1567(A)(3) and (B), 1568(A)(1),
(3), and (4) and (C), 1569(A)(intro. para.), (B), and (D), 1570(A)(intro. para.), 1570.1(A), and
1573(intro. para.) and (4), C.E. Art. 412.5(A), C.Cr.P. Arts. 313(A)(2), 320(G)(1), 321(C)(19),
893(A)(2), 895(M)(1), 899.2(D)(5) and (6), 900(A)(6)(d)(iii), the heading of Title XXXV, and
C.Cr.P. Arts. 1001(1), (2), and (4), and 1002(A)(2), R.S. 9:314, 345(B), 355.2(D)(2), 358.2,
358.3(B)(8), 359.13, the heading of Part IV of Chapter 1 of Code Title V of Title 9, and R.S. 9:361,
362(1), (3)(c), (4), (5), (6), and (7), 363, 364, 365, 366(A), 367, 369, 372(A) and (C), 2603(B)(4)(a),
2800.9(A), 3261.1(B)(2) and (C)(2), and 4103(B)(1), R.S. 13:621.21(B)(2) and (C)(2), 621.22(B)(3),
721(E)(2)(l), 1802(4), 1819(B)(1), 1821(A)(2), 1830(B)(3), 1852(4), 1856(4) and (5), 1857(A)(4),
1858(B), 1859(D), 2106(B), and 5304(B)(10)(intro. para.) and (b), R.S. 14:79(A)(1)(a) and (E), R.S.
15:257.1(C)(1)(c), 574.7(C)(2)(a)(x) and (4)(e) and (f), 574.9(H)(2)(c), 587.8(A) and (B)(3)(intro.
para.), (a), (b), and (d) and (7), R.S. 17:7.2(A)(6), R.S. 22:1063(A)(1)(g) and 1078(A), R.S.
33:9701(C)(2), R.S. 37:2554(B)(2)(b), R.S. 39:1619(A)(3)(intro. para.), (a), (f), and (g), R.S.
40:506(D), 1379.3.2(A), 2405.8(E)(1)(intro. para.), (a), and (g) and (2) and (I)(3)(a)(i) and (b) and
2533(C)(1), R.S. 44:3(A)(6) and (J)(3), and R.S. 46:52.1(F)(3)(a)(v), 236.5(C)(1) and (3)(k),
236.10(C)(2)(d)(i), 1842(15)(d), 1844(C)(2), 1845(C)(2), 1846(A) and (C), 1861(A)(1)(a), 2131,
2132(3) and (4), 2133(B)(3) and (D), 2134(A)(1), (2), and (3) and (C), 2135(A)(intro. para.), (B),
and (D), 2136(A)(intro. para.), 2136.1(A), 2136.2(A) and (B), 2136.3(A)(intro. para.), 2138(C),
2140(A), (B)(intro. para.) and (4), (C)(1), (2)(intro. para.), (e), and (g), and (3)(b), and 2143(A), (B),
and (C); Adds C.C. Arts. 136(D)(6) and 162, R.S. 9:355.2(D)(3), and R.S. 46:2132.1 and
2136.3(A)(3); Repeals R.S. 9:341 and R.S. 46:1844(W)(5)(d), 2121.1, 2140(C)(4), and 2151)
Statutes affected: 
HB159 Original: 9:345(B), 9:2(D)(2), 9:3(B)(8), 9:362(1), 9:366(A), 9:372(A), 9:2603(B)(4), 9:9(A), 9:1(B)(2), 9:4103(B)(1), 13:21(B)(2), 13:22(B)(3), 13:721(E)(2), 13:1802(4), 13:1819(B)(1), 13:1821(A)(2), 13:1830(B)(3), 13:1852(4), 13:1856(4), 13:1857(A)(4), 13:1858(B), 13:1859(D), 13:2106(B), 13:5304(B)(10), 14:79(A)(1), 15:1(C)(1), 15:7(C)(2), 15:9(H)(2), 15:8(A), 17:2(A)(6), 22:1063(A)(1), 22:1078(A), 33:9701(C)(2), 37:2554(B)(2), 39:1619(A)(3), 40:506(D), 40:2(A), 40:8(E)(1), 40:2533(C)(1), 44:3(A)(6), 46:1(F)(3), 46:5(C)(1), 46:10(C)(2), 46:1842(15), 46:1844(C)(2), 46:1845(C)(2), 46:1846(A), 46:1861(A)(1), 46:2132(3), 46:2133(B)(3), 46:2134(A)(1), 46:2135(A), 46:2136(A), 46:1(A), 46:2(A), 46:3(A), 46:2138(C), 46:2140(A), 46:2143(A), 46:1844(W)(5), 46:2140(C)(4)
HB159 Engrossed: 9:345(B), 9:2(D)(2), 9:3(B)(8), 9:362(1), 9:366(A), 9:372(A), 9:2603(B)(4), 9:9(A), 9:1(B)(2), 9:4103(B)(1), 13:21(B)(2), 13:22(B)(3), 13:721(E)(2), 13:1802(4), 13:1819(B)(1), 13:1821(A)(2), 13:1830(B)(3), 13:1852(4), 13:1856(4), 13:1857(A)(4), 13:1858(B), 13:1859(D), 13:2106(B), 13:5304(B)(10), 14:79(A)(1), 15:1(C)(1), 15:7(C)(2), 15:9(H)(2), 15:8(A), 17:2(A)(6), 22:1063(A)(1), 22:1078(A), 33:9701(C)(2), 37:2554(B)(2), 39:1619(A)(3), 40:506(D), 40:2(A), 40:8(E)(1), 40:2533(C)(1), 44:3(A)(6), 46:1(F)(3), 46:5(C)(1), 46:10(C)(2), 46:1842(15), 46:1844(C)(2), 46:1845(C)(2), 46:1846(A), 46:1861(A)(1), 46:2132(3), 46:2133(B)(3), 46:2134(A)(1), 46:2135(A), 46:2136(A), 46:1(A), 46:2(A), 46:3(A), 46:2138(C), 46:2140(A), 46:2143(A), 46:1844(W)(5), 46:2140(C)(4)
HB159 Reengrossed: 9:345(B), 9:2(D)(2), 9:3(B)(8), 9:362(1), 9:366(A), 9:372(A), 9:2603(B)(4), 9:9(A), 9:1(B)(2), 9:4103(B)(1), 13:21(B)(2), 13:22(B)(3), 13:721(E)(2), 13:1802(4), 13:1819(B)(1), 13:1821(A)(2), 13:1830(B)(3), 13:1852(4), 13:1856(4), 13:1857(A)(4), 13:1858(B), 13:1859(D), 13:2106(B), 13:5304(B)(10), 14:79(A)(1), 15:1(C)(1), 15:7(C)(2), 15:9(H)(2), 15:8(A), 17:2(A)(6), 22:1063(A)(1), 22:1078(A), 33:9701(C)(2), 37:2554(B)(2), 39:1619(A)(3), 40:506(D), 40:2(A), 40:8(E)(1), 40:2533(C)(1), 44:3(A)(6), 46:1(F)(3), 46:5(C)(1), 46:10(C)(2), 46:1842(15), 46:1844(C)(2), 46:1845(C)(2), 46:1846(A), 46:1861(A)(1), 46:2132(3), 46:2133(B)(3), 46:2134(A)(1), 46:2135(A), 46:2136(A), 46:1(A), 46:2(A), 46:3(A), 46:2138(C), 46:2140(A), 46:2143(A), 46:1844(W)(5), 46:2140(C)(4)