DOMESTIC ABUSE: Increases the penalties for certain domestic violence offenses that involve strangulation (EN SEE FISC NOTE SG EX)
Summary
HB 160 increases criminal penalties for two Louisiana domestic violence offenses when the offense involves strangulation: battery of a dating partner and domestic abuse battery. Under current law, each offense already carries enhanced punishment if strangulation is involved, but the bill raises the maximum hard-labor sentence from 3 years to 10 years and requires that at least 1 year of the sentence be served without probation or suspension of sentence.
The bill does not change the underlying definitions of battery of a dating partner or domestic abuse battery. Instead, it amends the penalty provisions in R.S. 14:34.9 and R.S. 14:35.3 to make strangulation a more serious sentencing factor. The House amendments also added the mandatory minimum unsuspended year for both offenses. The bill was enacted as Act 623.
Impact
HB 160 amends Louisiana’s criminal code provisions governing battery of a dating partner and domestic abuse battery, specifically the sentencing enhancements tied to strangulation. It increases the maximum imprisonment exposure for those offenses from 3 years to 10 years at hard labor and imposes a minimum period of incarceration that cannot be suspended or probated. The practical effect is to expand prosecutorial leverage and judicial sentencing authority in domestic violence cases involving strangulation, while leaving the base offenses and other penalties intact.
Sentiment
The available voting history suggests strong, bipartisan support for the bill. It passed the House unanimously, 91-0, and there are no committee transcript excerpts indicating significant opposition or debate. The bill’s caption and amendments indicate a public-safety focus, and the final enactment as Act 623 suggests the legislature and governor viewed the measure favorably.
Contention
No major contention is reflected in the provided record. The only notable legislative change was a House committee amendment clarifying that at least one year of the sentence must be served without probation or suspension for both covered offenses. Any policy discussion would likely center on whether the enhanced penalties are proportionate and whether mandatory unsuspended time is appropriate, but the vote record does not show organized opposition or controversy.
Provides for the termination of manufacturer vehicle tracking services in certain cases of domestic abuse, sexual assault, or stalking (EN SEE FISC NOTE GF EX)