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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. 510
BY REPRESENTATIVE BALDONE
CONTROLLED SUBSTANCES: Provides relative to driving offenses while under the
influence of a drug and provides for definition of "drug"
AN ACT1
To amend and reenact R.S. 14:100(C)(1)(b) and to enact R.S. 14:32.1(A)(7), 32.8(A)(2)(g),2
39.1(A)(6), 39.2(A)(6), and 98(A)(1)(f), relative to driving offenses; to provide3
relative driving offenses when the offender is under the influence of a drug or drugs;4
to provide for a definition of "drug"; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:100(C)(1)(b) is hereby amended and reenacted and R.S.7
14:32.1(A)(7), 32.8(A)(2)(g), 39.1(A)(6), 39.2(A)(6), and 98(A)(1)(f) are hereby enacted to8
read as follows: 9
§32.1. Vehicular homicide10
A. Vehicular homicide is the killing of a human being caused proximately11
or caused directly by an offender engaged in the operation of, or in actual physical12
control of, any motor vehicle, aircraft, watercraft, or other means of conveyance,13
whether or not the offender had the intent to cause death or great bodily harm,14
whenever any of the following conditions exists and such condition was a15
contributing factor to the killing:16
* * *17
(7) The operator is under the influence of a drug or drugs as defined in R.S.18
14:98(A)(1)(f)(ii).19
* * *20
§32.8. Third degree feticide21
A. Third degree feticide is:22
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(2) The killing of an unborn child caused proximately or caused directly by1
an offender engaged in the operation of, or in actual physical control of, any motor2
vehicle, aircraft, vessel, or other means of conveyance whether or not the offender3
had the intent to cause death or great bodily harm whenever any of the following4
conditions exist and such condition was a contributing factor to the killing:5
* * *6
(g) The operator is under the influence of a drug or drugs as defined in R.S.7
14:98(A)(1)(f)(ii).8
* * *9
§39.1. Vehicular negligent injuring10
A. Vehicular negligent injuring is the inflicting of any injury upon the person11
of a human being when caused proximately or caused directly by an offender12
engaged in the operation of, or in actual physical control of, any motor vehicle,13
aircraft, watercraft, or other means of conveyance whenever any of the following14
conditions exists:15
* * *16
(6) The operator is under the influence of a drug or drugs as defined in R.S.17
14:98(A)(1)(f)(ii).18
* * *19
§39.2. First degree vehicular negligent injuring20
A. First degree vehicular negligent injuring is the inflicting of serious bodily21
injury upon the person of a human being when caused proximately or caused directly22
by an offender engaged in the operation of, or in actual physical control of, any23
motor vehicle, aircraft, watercraft, or other means of conveyance whenever any of24
the following conditions exists:25
* * *26
(6) The operator is under the influence of a drug or drugs as defined in R.S.27
14:98(A)(1)(f)(ii).28
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§98. Operating a vehicle while intoxicated1
A.(1) The crime of operating a vehicle while intoxicated is the operating of2
any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when:3
* * *4
(f)(i) The operator is under the influence of a drug or drugs.5
(ii) For purposes of this Paragraph, "drug" is defined as any substance, legal6
or illegal, which when taken into the human body impairs the mental or physical7
ability of a person to operate a vehicle safely. Such substances shall include but are8
not limited to plants, synthetic drugs, and over-the-counter medications.9
* * *10
§100. Hit-and-run driving11
* * *12
C.(1)(a)13
* * *14
(b)(i) Whoever commits the crime of hit-and-run driving where there is no15
death or serious bodily injury shall be fined not more than five hundred dollars,16
imprisoned for not less than ten days nor more than six months, or both when: (i)17
there is evidence that the vehicle operator consumed alcohol or used drugs or a18
controlled dangerous substance prior to the accident; (ii) the consumption of the19
alcohol, drugs, or a controlled dangerous substance contributed to the accident; and20
(iii) the driver failed to stop, give his identity, or render aid with the knowledge that21
his actions could affect an actual or potential present, past, or future criminal22
investigation or proceeding.23
(ii) For purposes of this Section, "drugs" shall be defined pursuant to the24
provisions of R.S. 14:98(A)(1)(f)(ii).25
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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)]
Baldone HB No. 510
Abstract: Amends provisions of certain criminal offenses to prohibit driving when the
offender is under the influence of a drug or drugs, and defines "drug".
Present law provides that the commission of vehicular homicide, third degree feticide,
vehicular negligent injuring, first degree vehicular negligent injuring, and operating a vehicle
while intoxicated can occur under any of the following conditions:
(1)The operator is under the influence of alcoholic beverages.
(2)The operator's blood alcohol concentration is 0.08 percent or more.
(3)The operator is under the influence of any controlled dangerous substance.
(4)The operator is under the influence of a combination of alcohol and one or more
drugs which are not controlled dangerous substances and which are legally
obtainable with or without a prescription.
(5)The operator is under the influence of one or more drugs which are not controlled
dangerous substances and which are legally obtainable with or without a
prescription.
Proposed law adds operating a vehicle when the operator is under the influence of a drug or
drugs to the present law.
Proposed law defines the term "drug".
Present law provides that whoever commits the crime of hit-and-run driving where there is
no death or serious bodily injury shall be fined not more than $500, imprisoned for not less
than 10 days nor more than six months, or both when: (i) there is evidence that the vehicle
operator consumed alcohol or used drugs or a controlled dangerous substance prior to the
accident; (ii) the consumption of the alcohol, drugs, or a controlled dangerous substance
contributed to the accident; and (iii) the driver failed to stop, give his identity, or render aid
with the knowledge that his actions could affect an actual or potential present, past, or future
criminal investigation or proceeding.
(Amends R.S. 14:100(C)(1)(b); Adds R.S. 14:32.1(A)(7), 32.8(A)(2)(g), 39.1(A)(6),
39.2(A)(6), and 98(A)(1)(f))