Struck = removed from the bill ·
added = the amendment's new text.
ENROLLEDHFAHB297 4747 2341 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS Regular Session HOUSEAmendments BILLproposed NO.byRepresentativeMandieLandryto Engrossed House Bill No.
297 BYREPRESENTATIVESMANDIELANDRY,BAYHAM,BILLINGS,BOURRIAQUE,by BOYD,Representative BRYANT,Mandie GREEN,Landry DANAAMENDMENT HENRY,NO. KERNER, LAFLEUR, TERRY LANDRY,LARVADAIN,LYONS,MCMAHEN,MOORE,MURRAY,NEWELL, SCHLEGEL, TAYLOR, TURNER, AND WALTERS AN ACT ToamendandreenactR.S.9:3261.1(B)(2)and(6),(E)(introductoryparagraph)and(2),and (H), relative to leases;
to1 expandOn leasepage termination1, toline include16, stalkingafter "and" delete "14:40.3." and cyberstalking;insert "40.3." Page 1 of 1 CODING:
to provide for definitions;
to provide for procedures, conditions, and requirements;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section1.
R.S.9:3261.1(B)(2)and(6),(E)(introductoryparagraph)and(2),and(H) are herebyamended and reenacted to read as follows:
§3261.1.
Lease agreements for certain residential dwellings;
domestic abuse victims;
stalking and cyberstalking * * * B.
Definitions * * * (2) "Domestic abuse" means domestic abuse battery as defined in R.S.
14:35.3 provided that the domestic abuse was committed on the leased premises or stalking or cyberstalking as defined in R.S.
14:40.2 and 40.3.
* * * (6) "Qualified third party" means the executive director, program director, or another employee of a community-based shelter contracted with the Department of Children and Family Services pursuant to R.S.
46:2124, provided the employee is a Licensed Clinical Social Worker (LCSW), or possesses a masters degree in Page 1 of 4 CODING:
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297 ENROLLED Social Work (MSW) a licensed professional counselor, prosecuting attorney, or investigating law enforcement officer who has personal involvement in the investigation or prosecution of any criminal case relative to the domestic abuse or stalking or cyberstalking.
* * * E.
Only a lessee or a household member of the lessee's residential dwelling unit maybe considered a domestic abuse victim such that the lessee mayrequest an accommodation under pursuant to this Section.
In order for a lessee to receive an earlytermination as provided in thisSection,thelesseeshall doall of the following:
* * * (2) Provide to the lessor reasonable documentation that the lessee seeking an accommodation, or that lessee's household member, was a victim of an act of domestic abuse on the leased premises within the past thirtydays.
If the stalking or cyberstalkingdid not occurontheleasedpremises,thelesseeshallprovideawritten declaration on whyresiding on the leased premises maypose a threat to the victim's safety as provided by the certification in Subsection H of this Section.
* * * H.
A Certification of Domestic Abuse form as provided for in this Section shall read substantially the same as follows:
(Name of qualified third party and, if applicable, the name of their shelter, office, or agency) I and/or my (family or household member) have suffered domestic abuse as defined in R.S.
9:3261.1 or stalking or cyberstalking as defined in R.S.14:40.2 and R.S.
14:40.3.
Briefly describe the incident giving rise to the claim of domestic abuse:
The incident(s) that I rely on in support of this declaration occurred on the following date(s) and time(s):
and at the following location(s):
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297 ENROLLED If the stalking or cyberstalking did not occur on the leased premises, the reasons why continuing to reside on the leased premises may pose a threat to the victim's safety.
The incident(s) that I rely on in support of this declaration was/were committed by the following person(s), if known:
I state under penalty of perjury under the laws of the state of Louisiana that the foregoing is true and correct.
By submitting this statement I do not waive any legallyrecognizedprivilegeprotectinganycommunicationsthatImayhavewiththe agency or representative whose name appears below or with any other person or entity.
I understand that my obligation to pay rent does not end until the early termination date of my lease as decided by the lessor or until I vacate the premises upon receiving agreement by the lessor to terminate my obligations under the lease early.
I understand that my lessor may keep my security deposit or other amounts as permitted under law.
Dated at , Louisiana, this day of 20 .
(Signature of Lessee or Lessee's family or household member) PRINTED NAME Iverifyunder penaltyof perjuryunder the laws of the state of Louisiana that Ihaveprovidedservicestothepersonwhosesignatureappearsaboveandthat,based on information communicated to me by the person whose signature appears above, theindividualorhisorherfamilyorhouseholdmemberhassuffereddomesticabuse as defined by R.S.
9:3261.1 or stalking or cyberstalking as defined in R.S.14:40.2 and R.S.
14:40.3, and that the individual informed me of the name of the alleged perpetrator of the actions, giving rise to the claim, if known.
This verification does not waive any legally recognized privilege that I, my agency, or any of its representatives have with the person whose signature appears above.
Dated this day of , 20 .
(Signature of qualified third party) PRINTED NAME (License number or organizational tax identification number) Page 3 of 4 CODING:
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297 ENROLLED (Organization name) (Printed address) * * * SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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