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Regular Session, 2010
HOUSE BILL NO. 510
BY REPRESENTATIVES BALDONE, HENRY BURNS, DOWNS, GISCLAIR, HARDY,
HARRISON, HINES, HOWARD, SAM JONES, KATZ, LANDRY, LORUSSO,
NORTON, NOWLIN, POPE, RICHARD, RICHARDSON, RICHMOND, SIMON,
JANE SMITH, ST. GERMAIN, THIBAUT, TUCKER, AND WILLMOTT
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
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(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
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§32.8. Third degree feticide1
A. Third degree feticide is:2
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(2) The killing of an unborn child caused proximately or caused directly by4
an offender engaged in the operation of, or in actual physical control of, any motor5
vehicle, aircraft, vessel, or other means of conveyance whether or not the offender6
had the intent to cause death or great bodily harm whenever any of the following7
conditions exist and such condition was a contributing factor to the killing:8
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(g) The operator is under the influence of a drug or drugs as defined in R.S.10
14:98(A)(1)(f)(ii).11
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§39.1. Vehicular negligent injuring13
A. Vehicular negligent injuring is the inflicting of any injury upon the person14
of a human being when caused proximately or caused directly by an offender15
engaged in the operation of, or in actual physical control of, any motor vehicle,16
aircraft, watercraft, or other means of conveyance whenever any of the following17
conditions exists:18
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(6) The operator is under the influence of a drug or drugs as defined in R.S.20
14:98(A)(1)(f)(ii).21
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§39.2. First degree vehicular negligent injuring23
A. First degree vehicular negligent injuring is the inflicting of serious bodily24
injury upon the person of a human being when caused proximately or caused directly25
by an offender engaged in the operation of, or in actual physical control of, any26
motor vehicle, aircraft, watercraft, or other means of conveyance whenever any of27
the following conditions exists:28
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(6) The operator is under the influence of a drug or drugs as defined in R.S.1
14:98(A)(1)(f)(ii).2
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§98. Operating a vehicle while intoxicated4
A.(1) The crime of operating a vehicle while intoxicated is the operating of5
any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when:6
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(f)(i) The operator is under the influence of a drug or drugs.8
(ii) For purposes of this Paragraph, "drug" is defined as any substance, legal9
or illegal, which when taken into the human body impairs the mental or physical10
ability of a person to operate a vehicle safely. Such substances shall include but are11
not limited to plants, synthetic drugs, and over-the-counter medications.12
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§100. Hit-and-run driving14
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C.(1)(a)16
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(b)(i) Whoever commits the crime of hit-and-run driving where there is no18
death or serious bodily injury shall be fined not more than five hundred dollars,19
imprisoned for not less than ten days nor more than six months, or both when:20
(i)(aa) there is evidence that the vehicle operator consumed alcohol or used drugs or21
a controlled dangerous substance prior to the accident; (ii)(bb) the consumption of22
the alcohol, drugs, or a controlled dangerous substance contributed to the accident;23
and (iii)(cc) the driver failed to stop, give his identity, or render aid with the24
knowledge that his actions could affect an actual or potential present, past, or future25
criminal investigation or proceeding.26 HLS 10RS-1242 REENGROSSED
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(ii) For purposes of this Section, "drugs" shall be defined pursuant to the1
provisions of R.S. 14:98(A)(1)(f)(ii).2
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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))