SLS 10RS-936 ORIGINAL
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 686
BY SENATORS MOUNT, ALARIO, GUILLORY, LONG, MARTINY AND MORRELL
AND REPRESENTATIVES BARRAS, BILLIOT, TIM BURNS,
CHAMPAGNE, HOFFMANN, LABRUZZO, LEGER, POPE, PUGH,
RICHARD, JANE SMITH, TALBOT AND THIBAUT
DWI. Provides relative to the forfeiture of vehicles and the allocation of monies collected
from those forfeitures involved in certain DWI arrests. (gov sig)
AN ACT1
To amend and reenact R.S. 14:98(D)(2) and (E)(2), relative to operating a vehicle while2
intoxicated; to provide for certain procedures relative to the forfeiture of vehicles;3
to provide for the allocation of certain funds; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 14:98(D)(2) and (E)(2) are hereby amended and reenacted to read6
as follows: 7
ยง98. Operating a vehicle while intoxicated8
* * *9
D. * * *10
(2)(a) In addition, the court shall order, subject to the discretion of the11
prosecuting district attorney, that the vehicle being driven by the offender at the12
time of the offense shall be seized and impounded, and sold at auction in the same13
manner and under the same conditions as executions of writ of seizures and sale as14
provided in Book V, Title II, Chapter 4 of the Code of Civil Procedure. If the15
district attorney elects to forfeit the vehicle, he shall file a written motion at16
least five days prior to sentencing stating his intention to forfeit the vehicle.17 SB NO. 686
SLS 10RS-936 ORIGINAL
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
When the district attorney elects to forfeit the vehicle, the court shall order it1
forfeited.2
(b) The vehicle shall be exempt from sale if it was stolen, or if the driver of3
the vehicle at the time of the violation was not the owner and the owner did not know4
that the driver was operating the vehicle while intoxicated. If this exemption is5
applicable, the vehicle shall not be released from impoundment until such time as6
towing and storage fees have been paid.7
(c) In addition, the vehicle shall be exempt from sale if all towing and storage8
fees are paid by a valid lienholder.9
(d) The proceeds of the sale shall first be used to pay court costs and towing10
and storage costs, and the remainder shall be allocated as follows: sixty percent of11
the funds shall go to the arresting agency, twenty percent to the prosecuting12
district attorney and twenty percent forwarded to the Council on Automobile13
Insurance Rates and Enforcement for its use in studying other ways to reduce drunk14
driving and insurance rates.15
* * *16
E. * * *17
(2)(a) In addition, the court shall order, subject to the discretion of the18
prosecuting district attorney, that the vehicle being driven by the offender at the19
time of the offense be seized and impounded, and be sold at auction in the same20
manner and under the same conditions as executions of writ of seizure and sale as21
provided in Book V, Title II, Chapter 4 of the Code of Civil Procedure. If the22
district attorney elects to forfeit the vehicle, he shall file a written motion at23
least five days prior to sentencing stating his intention to forfeit the vehicle.24
(b) The vehicle shall be exempt from sale if it was stolen, or if the driver of25
the vehicle at the time of the violation was not the owner and the owner did not know26
that the driver was operating the vehicle while intoxicated. If this exemption is27
applicable, the vehicle shall not be released from impoundment until such time as28
towing and storage fees have been paid.29 SB NO. 686
SLS 10RS-936 ORIGINAL
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(c) In addition, the vehicle shall be exempt from sale if all towing and storage1
fees are paid by a valid lienholder.2
(d) The proceeds of the sale shall first be used to pay court costs and towing3
and storage costs, and the remainder shall be allocated as follows: sixty percent of4
the funds shall go to the arresting agency, twenty percent to the prosecuting5
district attorney and twenty percent forwarded to the Council on Automobile6
Insurance Rates and Enforcement for its use in studying other ways to reduce drunk7
driving and insurance rates.8
* * *9
Section 2. This Act shall become effective upon signature by the governor or, if not10
signed by the governor, upon expiration of the time for bills to become law without signature11
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If12
vetoed by the governor and subsequently approved by the legislature, this Act shall become13
effective on the day following such approval.14
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michael Bell.
DIGEST
Present law provides for the additional penalty that a court orders the vehicle, being driven
by a person charged with third or fourth offense DWI at the time of the offense, to be seized
and impounded, and sold at auction in the same manner and under the same conditions as
executions of writ of seizures and sale.
Proposed law provides for the discretion of the district attorney to seize, impound and sell
the vehicle.
Present law provides for proceeds of the sale to first be used to pay court costs and towing
and storage costs, and the remainder to be forwarded to the Council on Automobile
Insurance Rates and Enforcement.
Proposed law provides for the proceeds of the sale to first be used to pay court costs and
towing costs, and the remainder to be allocated as follows: 60% of the funds shall go to the
arresting agency, 20% to the prosecuting district attorney and 20% to the Council on
Automobile Insurance Rates and Enforcement
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:98(D)(2) and (E)(2))