Louisiana 2010 Regular Session

Louisiana House Bill HB1427 Latest Draft

Bill / Engrossed Version

                            HLS 10RS-2846	ENGROSSED
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1427
BY REPRESENTATIVE HARDY
DWI: Provides for extended driver's license suspension periods upon conviction of
vehicular homicide
AN ACT1
To amend and reenact R.S. 32:414(B)(1) and to enact R.S. 14:32.1(C) and R.S. 32:414(W),2
relative to driving while intoxicated; to provide for the suspension of driver's licenses3
and procedures after certain offenses related to driving while intoxicated; and to4
provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1.  R.S. 14:32.1(C) is hereby enacted to read as follows:7
§32.1.  Vehicular homicide8
*          *          *9
C. In addition to the penalties provided in Subsection B of this Section, the10
driver's license of any person shall be suspended for a period of five years after being11
charged and convicted of, pleading guilty to, or entering a plea of nolo contendere12
to a violation of this Section. If the offender is imprisoned or entered into an13
inpatient treatment facility as part of his sentence, the driver's license suspension14
period provided in this Subsection shall begin the first day the offender is released15
from imprisonment or an inpatient treatment center.   The court shall order that a16
restricted license be granted to any such person upon proof that suspension of his17
driving privileges will deprive him of the necessities of life, will prevent him from18
earning a livelihood, or prevent him from obtaining proper medical treatment, if19
disabled.20 HLS 10RS-2846	ENGROSSED
HB NO. 1427
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Section 2. R.S. 32:414(B)(1) is hereby amended and reenacted and R.S. 32:414(W)1
is hereby enacted to read as follows:2
§414. Suspension, revocation, renewal, and cancellation of licenses; judicial review3
*          *          *4
B.  The department shall forthwith suspend the license of any person, for a5
period of twenty-four months, upon receiving satisfactory evidence of the conviction6
or of the entry of a plea of guilty and sentence thereupon or of the forfeiture of bail7
of any such person charged with any of the following crimes:8
(1) Manslaughter, vehicular homicide, or negligent homicide resulting from9
the operation of a motor vehicle.10
*          *          *11
W.  Upon receipt of satisfactory evidence of a conviction, plea of guilty, or12
nolo contendere of any person charged with R.S. 32:14.32.1, the department shall13
suspend the offender's driver's license in accordance with R.S. 14:32.1(C). In14
addition, the department shall issue the person a restricted driver's license, if ordered15
to do so by the court.16
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)]
Hardy	HB No. 1427
Abstract: Provides for five-year suspension of driver's license after conviction of vehicular
homicide and provides for restricted licenses for persons who provide proof of
economic or medical hardships.
Present law provides for a three-year suspension of the driver's license of a person who is
convicted or pleads guilty to vehicular manslaughter.
Proposed law deletes present law.
Proposed law provides for five-year suspension of driver's license after conviction of or
pleading guilty to vehicular homicide and provides for restricted licenses for persons who
provide proof of economic or medical hardships.
(Amends R.S. 32:414(B)(1); Adds R.S. 14:32.1(C) and R.S. 32:414(W))