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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010 ENROLLED
SENATE BILL NO. 617
BY SENATOR MCPHERSON
AN ACT1
To enact R.S. 32:392.1, relative to motor vehicles; to prohibit impoundment in certain2
circumstances; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 32:392.1 is hereby enacted to read as follows: 5
ยง392.1. Impounding of vehicles; exceptions6
A. Notwithstanding the provisions of R.S. 32:863.1 and any other law to7
the contrary, a motor vehicle stopped while being operated by a Louisiana8
resident shall not be impounded when the operator or the vehicle, or both,9
presents no imminent danger to the public. Instead, the law enforcement officer10
shall issue the resident operator a notice of noncompliance if for a violation of11
R.S. 32:863.1, or a citation or violation ticket and allow the operator to proceed.12
In addition, the law enforcement officer may remove the license plate from the13
vehicle. 14
B. For the purposes of this Section, "imminent danger to the public"15
means a present and apparent danger to the life, health, safety, or property of16
the public.17
C. Subsection A of this Section shall apply only to a first violation. A18
law enforcement officer may impound a motor vehicle for a second or19
subsequent violation , when the motor vehicle involves a violation of Title 14 or20
Part X of Chapter 4 of Title 40 of the Revised Statutes of Louisiana of 1950, the21
motor vehicle or its contents is an instrument of a crime or has evidentiary22
ACT No. 82 SB NO. 617 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
value, or when the operator is operating a motor vehicle under suspension or1
revocation of his driver's license.2
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: