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Regular Session, 2010 ENROLLED
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
AN ACT1
To amend and reenact R.S. 14:98(D)(1)(a), (D)(2), (E)(1)(a), (E)(2), and (E)(4)(b), and Code2
of Criminal Procedure Article 893(B), relative to operating a vehicle while3
intoxicated; to amend criminal penalties relative to the crime of operating a vehicle4
while intoxicated; to provide for substance abuse treatment; to provide for certain5
procedures relative to the forfeiture of vehicles; to provide for the allocation of6
certain funds; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 14:98(D)(1)(a), (D)(2), (E)(1)(a), (E)(2), and (E)(4)(b) are hereby9
amended and reenacted to read as follows: 10
ยง98. Operating a vehicle while intoxicated11
* * *12
D.(1)(a) On a conviction of a third offense, notwithstanding any other13
provision of law to the contrary and regardless of whether the offense occurred14
before or after an earlier conviction, the offender shall be imprisoned with or without15
hard labor for not less than one year nor more than five years and shall be fined two16
thousand dollars. Forty-five days One year of the sentence of imprisonment shall be17
imposed without benefit of probation, parole, or suspension of sentence. The court,18
in its discretion, may suspend all or any part of the remainder of the sentence of19
imprisonment. If any portion of the sentence is suspended, the offender shall be20
placed on supervised probation with the Department of Public Safety and21
ACT No. 801 SB NO. 686 ENROLLED
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Corrections, division of probation and parole, for a period of time equal to the1
remainder of the sentence of imprisonment, which probation shall commence on the2
day after the offender's release from custody.3
* * *4
(2)(a) In addition, the court shall order, subject to the discretion of the5
prosecuting district attorney, that the vehicle being driven by the offender at the6
time of the offense shall be seized and impounded, and sold at auction in the same7
manner and under the same conditions as executions of writ of seizures and sale as8
provided in Book V, Title II, Chapter 4 of the Code of Civil Procedure. If the9
district attorney elects to forfeit the vehicle, he shall file a written motion at10
least five days prior to sentencing stating his intention to forfeit the vehicle.11
When the district attorney elects to forfeit the vehicle, the court shall order it12
forfeited.13
(b) The vehicle shall be exempt from sale if it was stolen, or if the driver of14
the vehicle at the time of the violation was not the owner and the owner did not know15
that the driver was operating the vehicle while intoxicated. If this exemption is16
applicable, the vehicle shall not be released from impoundment until such time as17
towing and storage fees have been paid.18
(c) In addition, the vehicle shall be exempt from sale if all towing and storage19
fees are paid by a valid lienholder.20
(d) The proceeds of the sale shall first be used to pay court costs and towing21
and storage costs, and the remainder shall be allocated as follows: sixty percent of22
the funds shall go to the arresting agency, twenty percent to the prosecuting23
district attorney, and twenty percent forwarded to the Council on Automobile24
Insurance Rates and Enforcement Louisiana Property and Casualty Insurance25
Commission for its use in studying other ways to reduce drunk driving and26
insurance rates.27
* * *28
E.(1)(a) Except as otherwise provided in Subparagraph (4)(b) of this29
Subsection, on a conviction of a fourth or subsequent offense, notwithstanding any30 SB NO. 686 ENROLLED
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other provision of law to the contrary and regardless of whether the fourth offense1
occurred before or after an earlier conviction, the offender shall be imprisoned with2
or without hard labor for not less than ten years nor more than thirty years and shall3
be fined five thousand dollars. Seventy-five days Two years of the sentence of4
imprisonment shall be imposed without benefit of probation, parole, or suspension5
of sentence. The court, in its discretion, may suspend all or any part of the remainder6
of the sentence of imprisonment. If any portion of the sentence is suspended, the7
offender shall be placed on supervised probation with the Department of Public8
Safety and Corrections, division of probation and parole, for a period of time not to9
exceed five years, which probation shall commence on the day after the offender's10
release from custody.11
* * *12
(2)(a) In addition, the court shall order, subject to the discretion of the13
prosecuting district attorney, that the vehicle being driven by the offender at the14
time of the offense be seized and impounded, and be sold at auction in the same15
manner and under the same conditions as executions of writ of seizure and sale as16
provided in Book V, Title II, Chapter 4 of the Code of Civil Procedure. If the17
district attorney elects to forfeit the vehicle, he shall file a written motion at18
least five days prior to sentencing stating his intention to forfeit the vehicle.19
(b) The vehicle shall be exempt from sale if it was stolen, or if the driver of20
the vehicle at the time of the violation was not the owner and the owner did not know21
that the driver was operating the vehicle while intoxicated. If this exemption is22
applicable, the vehicle shall not be released from impoundment until such time as23
towing and storage fees have been paid.24
(c) In addition, the vehicle shall be exempt from sale if all towing and storage25
fees are paid by a valid lienholder.26
(d) The proceeds of the sale shall first be used to pay court costs and towing27
and storage costs, and the remainder shall be allocated as follows: sixty percent of28
the funds shall go to the arresting agency, twenty percent to the prosecuting29
district attorney, and twenty percent forwarded to the Council on Automobile30 SB NO. 686 ENROLLED
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Insurance Rates and Enforcement Louisiana Property and Casualty Insurance1
Commission for its use in studying other ways to reduce drunk driving and2
insurance rates.3
* * *4
(4)(a)5
* * *6
(b) If the offender has previously received the benefit of suspension of7
sentence, probation, or parole as a fourth offender, after serving the mandatory8
sentence required by Subparagraph (E)(1)(a), no part of the remainder of the9
sentence may be imposed with benefit of suspension of sentence, probation, or10
parole, and no portion of the sentence shall be imposed concurrently with the11
remaining balance of any sentence to be served for a prior conviction for any12
offense.13
* * *14
Section 2. Code of Criminal Procedure Article 893(B) is hereby amended15
and reenacted to read as follows:16
Art. 893. Suspension and deferral of sentence and probation in felony cases17
* * *18
After third conviction of a noncapital felony for which a defendant could19
have his sentence suspended under Paragraph A of this Article if such conviction20
were for a first or second offense or for a violation of the Uniform Controlled21
Dangerous Substances Law, and when it appears that the best interest of the public22
and the defendant will be served, and with the consent of the district attorney, the23
court may suspend, in whole or in part, the imposition or execution of the sentence,24
provided the defendant enters and completes a drug court program as defined in R.S.25
13:5301 et seq.26
B.(1)(a) The court may suspend, in whole or in part, the imposition or27
execution of the sentence when the following conditions exist:28
(i) The sentence is for a third conviction of any of the following:29
(aa) A noncapital felony for which a defendant could have his sentence30 SB NO. 686 ENROLLED
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suspended under Paragraph A of this Article had the conviction been for a first1
or second offense.2
(bb) A violation of the Uniform Controlled Dangerous Substances Law.3
(cc) A third conviction of operating a vehicle while intoxicated in4
violation of R.S. 14:98.5
(ii) It appears that suspending the sentence is in the best interest of the6
public and the defendant.7
(iii) The district attorney consents to the suspension of the sentence.8
(iv) The court orders the defendant to do any of the following:9
(aa) Enter and complete a program provided by the drug division of the10
district court pursuant to R.S. 13:5301, et seq.11
(bb) Enter and complete an established DWI court program, as agreed12
upon by the trial court and the district attorney.13
(cc) Reside for a minimum period of one year in a facility which14
conforms to the Judicial Agency Referral Residential Facility Regulatory Act,15
R.S. 40:2852. 16
(b) When suspension is allowed under this Paragraph, the defendant shall be17
placed on probation under the supervision of the division of probation and parole.18
The period of probation shall be specified and shall not be less than two years nor19
more than five years. The suspended sentence shall be regarded as a sentence for the20
purpose of granting or denying a new trial or appeal.21
(2) Notwithstanding any other provisions of law to the contrary, the22
sentencing alternatives available in Subparagraph (1) of this Paragraph, shall23
be made available to offenders convicted of a fourth offense violation of24
operating a vehicle while intoxicated pursuant to R.S. 14:98, only if the offender25
had not been offered such alternatives prior to his fourth conviction of26
operating a vehicle while intoxicated.27
* * *28
Section 3. This Act shall become effective upon signature by the governor or, if not29
signed by the governor, upon expiration of the time for bills to become law without signature30 SB NO. 686 ENROLLED
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by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If1
vetoed by the governor and subsequently approved by the legislature, this Act shall become2
effective on the day following such approval.3
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: