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Regular Session, 2010
SENATE BILL NO. 215
BY SENATORS MOUNT, CROWE, DORSEY, DUPLESSI S AND GUILLORY
DWI. Amends the penalty provisions for a third and fourth offense DWI. (gov sig)
AN ACT1
To amend and reenact R.S. 14:98(D)(1)(a) and (E)(1)(a) and (4)(b), and Code of Criminal2
Procedure Art. 893 (B), relative to offenses involving operating a vehicle while3
intoxicated; to provide with respect to the crime of operating a vehicle while4
intoxicated; to amend the criminal penalties for such crime; to provide for certain5
circumstances to apply probation in felony cases; to provide for substance abuse6
treatment; to provide for a specified probationary period; and to provide for related7
matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 14:98(D)(1)(a) and(E)(1)(a) and (4)(b) are hereby amended and10
reenacted to read as follows:11
ยง98. Operating a vehicle while intoxicated12
* * *13
D.(1)(a) On a conviction of a third offense, notwithstanding any other14
provision of law to the contrary and regardless of whether the offense occurred15
before or after an earlier conviction, the offender shall be imprisoned with or without16
hard labor for not less than one year nor more than five years and shall be fined two17 SB NO. 215
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thousand dollars. Forty-five days One year of the sentence of imprisonment shall be1
imposed without benefit of probation, parole, or suspension of sentence. The court,2
in its discretion, may suspend all or any part of the remainder of the sentence of3
imprisonment. If any portion of the sentence is suspended, the offender shall be4
placed on supervised probation with the Department of Public Safety and5
Corrections, division of probation and parole, for a period of time equal to the6
remainder of the sentence of imprisonment, which probation shall commence on the7
day after the offender's release from custody.8
* * *9
E.(1)(a) Except as otherwise provided in Subparagraph (4)(b) of this10
Subsection, on a conviction of a fourth or subsequent offense, notwithstanding any11
other provision of law to the contrary and regardless of whether the fourth offense12
occurred before or after an earlier conviction, the offender shall be imprisoned with13
or without hard labor for not less than ten years nor more than thirty years and shall14
be fined five thousand dollars. Seventy-five days Three years of the sentence of15
imprisonment shall be imposed without benefit of probation, parole, or suspension16
of sentence. The court, in its discretion, may suspend all or any part of the remainder17
of the sentence of imprisonment. If any portion of the sentence is suspended, the18
offender shall be placed on supervised probation with the Department of Public19
Safety and Corrections, division of probation and parole, for a period of time not to20
exceed five years, which probation shall commence on the day after the offender's21
release from custody.22
* * *23
(4)(a) * * *24
(b) If the offender has previously received the benefit of suspension of25
sentence, probation, or parole as a fourth offender, in addition to the mandatory26
three years which must be served, no part of the remainder of the sentence may27
be imposed with benefit of suspension of sentence, probation, or parole, and no28
portion of the sentence shall be imposed concurrently with the remaining balance of29 SB NO. 215
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any sentence to be served for a prior conviction for any offense.1
* * *2
Section 2. Code of Criminal Procedure Art. 893(B) is hereby amended and reenacted3
to read as follows: 4
Art. 893. Suspension and deferral of sentence and probation in felony cases5
* * *6
B. After third conviction of a noncapital felony for which a defendant could7
have his sentence suspended under Paragraph A of this Article if such conviction8
were for a first or second offense or for a violation of the Uniform Controlled9
Dangerous Substances Law, or for a third conviction of operating a vehicle while10
intoxicated in violation of R.S. 14:98, and when it appears that the best interest of11
the public and the defendant will be served, and with the consent of the district12
attorney, the court may suspend, in whole or in part, the imposition or execution of13
the sentence, provided the defendant enters and completes a drug court program as14
defined in R.S. 13:5301 et seq., or enters and completes an established DWI court15
program pursuant to the agreement of the trial court and the district attorney,16
as set forth in R.S. 14:98(D)(1)(a), or if the defendant is sent by the trial court17
for a minimum period of one year to a facility which conforms to the Judicial18
Agency Referral Residential Facility Regulatory Act, R.S. 40:2852. When19
suspension is allowed under this Paragraph, the defendant shall be placed on20
probation under the supervision of the division of probation and parole. The period21
of probation shall be specified and shall not be less than two years nor more than five22
years. The suspended sentence shall be regarded as a sentence for the purpose of23
granting or denying a new trial or appeal.24
* * *25
Section 3. This Act shall become effective upon signature by the governor or, if not26
signed by the governor, upon expiration of the time for bills to become law without signature27
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. if28
vetoed by the governor and subsequently approved by the legislature, this act shall become29 SB NO. 215
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effective on the day following such approval.1
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michael Bell.
DIGEST
Mount (SB 215)
Present law provides that on a conviction of a third offense DWI, the offender will be
imprisoned with or without hard labor for not less than one year nor more than five years and
shall be fined $2,000 and imprisoned for 45 days without benefit of probation, parole, or
suspension of sentence. The court, in its discretion, may suspend all or any part of the
remainder of the sentence of imprisonment.
Proposed law maintains present law and enhances the imprisonment sentence from 45 days
to one year without benefit of probation, parole, or suspension of sentence.
Present law provides that on a conviction of a fourth or subsequent offense, the offender will
be imprisoned with or without hard labor for not less than 10 years nor more than 30 years
and shall be fined $5,000 and imprisoned for 75 days without benefit of probation, parole,
or suspension of sentence. The court, in its discretion, may suspend all or any part of the
remainder of the sentence of imprisonment.
Proposed law maintains present law and enhances the imprisonment sentence from 75 days
to three years without benefit of probation, parole, or suspension of sentence.
Present law provides for suspension of a third conviction of a noncapital felony which a
defendant could have his sentence suspended if such conviction where for a first or second
offense or for a violation of the Uniform Controlled Dangerous Substances Law, and when
it appears that the best interest of the public and the defendant will be served, and with the
consent of the district attorney the court may suspend, in whole or in part, the imposition or
execution of the sentence.
Proposed law retains present law and provides for suspension of a third conviction of
operating a vehicle while intoxicated which a defendant could have his sentence suspended,
and when it appears that the best interest of the public and the defendant will be served, and
with the consent of the district attorney the court may suspend, in whole or in part, the
imposition or execution of the sentence.
Proposed law provides for an offender to enter and complete an established DWI court
program pursuant to the trial court and the district attorney.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:98(D)(1)(a) and (E)(1)(a) and (4)(b) and C.Cr.P. Art. 893(B))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill.
1. Adds a third conviction of operating a vehicle while intoxicated to the list of
noncapital felony cases for which a defendant could have his sentence
suspended upon entering and completing an established DWI court program.