HB223 - Helena Morreno - expands "prohibited persons"

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  • jlee

    Well-Known Member
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    Nov 29, 2016
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    Baton Rouge, LA
    HB223
    This bill is authored by Helena Morreno. It expands "Domestic Abuse Battery" to include present and past dating partners.
    I am not sure where this bill is exactly today; but, it exist. I think it is up for discussion on the floor.

    Dating Partner as defined in RS 46:2151 is pretty wide-reaching:

    [FONT=&amp]§2151. Dating violence
    ...
    [/FONT]
    [FONT=&amp]B. For purposes of this Section, "dating partner" means any person who is or has been in a social relationship of a romantic or intimate nature with the victim and where the existence of such a relationship shall be determined based on a consideration of the following factors:[/FONT]
    [FONT=&amp](1) The length of the relationship.[/FONT]
    [FONT=&amp](2) The type of relationship.[/FONT]
    [FONT=&amp](3) The frequency of interaction between the persons involved in the relationship.
    ...[/FONT]

    One might determine that a week-long fling consisting of handholding and walks on the beach constitutes a dating partner.

    Aside from that, this would also apply ex-post-facto -- just like the domestic violence prohibitions overall. While I don't condone violence of any kind, this seems like an expansion of an already questionable prohibition. Remember, a DV conviction can be a) a misdemeanor, b) ridiculously minor, c) stem from unintentional or accidental action or inaction, d) originate out of self defense, and e) last a lifetime.
     

    dzelenka

    D.R. 1827; HM; P100x3
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    If the was ever a time to write your representative and request that they vote no, now is it. NRA, LSA and others have been fighting this bill since it snuck out of committee. It has come up for a vote twice on the floor of the House and Moreno has continued it both times. She is continuing to try and assemble enough votes. This weekend there was an article on nola.com in favor of the bill and critical of NRA. We. See to counter Moreno's efforts by keeping the pressure on our representatives. If she gets this bill through the house, you will see that fact used nation wide in anti-gun propaganda. If Louisiana enacted it, everyone should because Louisiana is extremely pro-gun. Any little victory gets blown completely out of proportion.

    Dan
     

    dzelenka

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    This will be before the whole House tomorrow afternoon. Moreno is working very hard behind the scenes and momentum has shifted her way. It is imperative that you write or call your legislators and tell them to vote no on HB 223. We could lose this one if we don't have a surge of opposition evident to the legislature.
     

    dzelenka

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    If anyone knows Rep. Hilferty of Metairie, you need to contact her. She is planning to support the bill. Also, Malinda White from eastern Washington Parish is supporting the bill. Contact her.
     

    coance

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    May 25, 2014
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    Haughton la
    Heard this passed the house today with some amendments. Pain to confirm on my phone. Does anyone know if it did and if so what the amendments were.
     

    RaleighReloader

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    You know Moreno isn't even from Louisiana; she isn't even from America. She's from Veracruz, Mexico, by way of Houston, TX (according to Wikipedia.) She's a carpetbagger. She does not value the rights which true Louisianans cherish.

    If this bill passes the house (or has already passed), it should be fought in the senate. She has no business telling Louisianans what our laws should be. (Contact your rep and senator and make it known how you feel and what you think.)

    I really hate these "she's not a true Louisianan" arguments. She lives here, works here and pays taxes here. What more do you want?

    I'm inclined to oppose this legislation, but not because of an ad-hominem attack on the bill's sponsor. The problem with the bill is where the boundaries of "dating partner" are. I don't like any legislation that casts a wide blanket and gives the courts such wide latitude.

    Mike
     

    dzelenka

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    I really hate these "she's not a true Louisianan" arguments. She lives here, works here and pays taxes here. What more do you want?

    I'm inclined to oppose this legislation, but not because of an ad-hominem attack on the bill's sponsor. The problem with the bill is where the boundaries of "dating partner" are. I don't like any legislation that casts a wide blanket and gives the courts such wide latitude.

    Mike

    The Amendment was proposed by the DA's association and modified by the NRA. It provides for the creation of two new battery crimes - battery of a dating partner and aggravated battery of a dating partner. All aggravated batteries are felonies and this one is the same. Simple battery is a misdemeanor and would not normally lead to loss of gun rights (unless it were domestic violence). In the battery of a dating partner, the first two offenses are misdemeanors and someone convicted of them would lose their gun rights during the duration of their sentence. If you are convicted a third time, it is a felony and loss of gun rights results. The dating partner definition was narrowed to only include persons with whom you have a sexual relationship. The amendment passed and the amended bill passed the house 59-30 with 16 Reps absent. I leave you guys to judge whether the amendment is acceptable.
     

    John_

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    You know Moreno isn't even from Louisiana; she isn't even from America. She's from Veracruz, Mexico, by way of Houston, TX (according to Wikipedia.) She's a carpetbagger. She does not value the rights which true Louisianans cherish.

    If this bill passes the house (or has already passed), it should be fought in the senate. She has no business telling Louisianans what our laws should be. (Contact your rep and senator and make it known how you feel and what you think.)

    That thinking/statement is simply small minded. I don't agree with her politics but we all were immigrants to the USA at some point. Were your folks 100% native Americans?

    I don't support all the illegal aliens in the USA today. I support the legal pathway citizenship.

    Think about your statement. You don't even know the woman or her family personally, but yet you throw out such bias and bigotry towards her on a public forum.
     

    dzelenka

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    Ms. Moreno is deleterious to rights which are necessary for a free society. (Why does the legislation cast a wide blanket and give the courts such wide latitude?)
    She is a representative in our state government, and thus hold sway over our lives. People should know who she is and what she is about.
    I hope she is voted out of office.

    I understand that she is running for New Orleans city council in October. If she wins, we will be rid of her in the legislature. Perhaps her district will send us a conservative republican to replace her. LOL
     

    Emperor

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    The Amendment was proposed by the DA's association and modified by the NRA. It provides for the creation of two new battery crimes - battery of a dating partner and aggravated battery of a dating partner. All aggravated batteries are felonies and this one is the same. Simple battery is a misdemeanor and would not normally lead to loss of gun rights (unless it were domestic violence). In the battery of a dating partner, the first two offenses are misdemeanors and someone convicted of them would lose their gun rights during the duration of their sentence. If you are convicted a third time, it is a felony and loss of gun rights results. The dating partner definition was narrowed to only include persons with whom you have a sexual relationship. The amendment passed and the amended bill passed the house 59-30 with 16 Reps absent. I leave you guys to judge whether the amendment is acceptable.

    I read and then re-read the Amended Bill, along with all of the other Statutes that it pulled reference from, and I just cannot understand what this accomplishes? I am more concerned with the government now deciding the extent of relationships for us in criminal cases.

    Generally speaking, I really didn't have an issue with her adding the "dating partners" to the original Statute. It is the convolution of the original Statute that is dizzying; and almost too complicated for the average Joe to understand. I reached the same conclusion too; aren't some of these "defined violent offense" already felonies? Which then, if you are convicted, you lose gun Rights anyway?!?!?

    I also carefully listened to the news' account of this, and the papers' explanation of who was for and against this. I think the NRA comes off seeming heavy handed because the media refuse to tell the whole story! What I mean specifically is, neither the newspaper, nor the local TV news explained why the NRA was opposed to this. That leaves opinions negatively hanging.
     
    Last edited:

    coance

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    May 25, 2014
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    Haughton la
    I also fear the slippery slope.
    The real ironic thing is that the people trying to stop this bill would not commit the crime anyway and the people that would commit the crime could care less because if they want a firearm they don't worry about if it is illegal or not. One thing I keep thinking is, gun laws only restrict the law abiding so if no slippery slope why do you "need" new laws.
     

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