HLS 10RS-3191 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1480 (Substitute for House Bill No. 628 by Representative
Gisclair)
BY REPRESENTATIVE GISCLAIR
CRIME/HOMICIDE: Provides for the crime of involuntary vehicular homicide
AN ACT1
To amend and reenact R.S. 14:29(introductory paragraph) and to enact R.S. 14:29(6) and2
32.2 and R.S. 32:414(W), relative to homicide; to provide for the crime of3
involuntary vehicular homicide; to provide for elements of the crime; to provide for4
criminal penalties; to provide for suspension of driving privileges; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 14:29(introductory paragraph) is hereby amended and reenacted and8
R.S. 14:29(6) and 32.2 are hereby enacted to read as follows: 9
§29. Homicide 10
Homicide is the killing of a human being by the act, procurement, or culpable11
omission of another. Criminal homicide is of five six grades: 12
* * *13
(6) Involuntary vehicular homicide14
* * *15
§32.2. Involuntary vehicular homicide16
A. Involuntary vehicular homicide is the killing of a human being caused17
proximately or directly by an offender engaged in the operation of, or in actual18
physical control of, any motor vehicle, aircraft, watercraft, or other means of19 HLS 10RS-3191 ORIGINAL
HB NO. 1480
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
conveyance when the operator fails to maintain control of the vehicle by falling1
asleep whether or not the offender has the intent to cause death or great bodily harm.2
B. Whoever violates the provisions of this Section shall be ordered to serve3
court-approved community service for not more than two hundred and fifty hours.4
Section 2. R.S. 32:414(W) is hereby enacted to read as follows: 5
§414. Suspension, revocation, renewal, and cancellation of licenses; judicial review6
* * *7
W. The department shall suspend the license of any person for a period of8
two years upon notification that the person has been convicted of involuntary9
vehicular homicide as provided in R.S. 14:32.2.10
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)]
Gisclair HB No. 1480
Abstract: Creates the crime of involuntary vehicular homicide and provides for penalties
including court-order community service and a two-year suspension of driving
privileges.
Present law provides that homicide consists of five grades: first degree murder; second
degree murder; manslaughter; negligent homicide; and vehicular homicide.
Proposed law adds involuntary vehicular homicide to present law.
Proposed law creates the crime of involuntary vehicular homicide and defines it as the
killing of a person caused proximately or directly by an offender engaged in the operation
of a vehicle when the operator fails to maintain control of the vehicle by falling asleep,
regardless of whether or not the offender has the intent to cause death or great bodily harm.
Proposed law penalties include court-approved community service for a maximum of 250
hours and a two-year suspension of driving privileges.
(Amends R.S. 14:29(intro. para.); Adds R.S. 14:29(6) and 32.2 and R.S. 32:414(W))