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Regular Session, 2010
SENATE BILL NO. 755
BY SENATOR HEITMEIER
CRIME/PUNISHMENT. Requires the mandatory completion of a court-approved substance
abuse program as part of the penalty for operating a vehicle while intoxicated. (8/15/10)
AN ACT1
To amend and reenact Code of Criminal Procedure Article 894(A)(3) and the introductory2
paragraph of R.S. 14:98 B(1)(a)(b), the introductory paragraph of C(1), D(1)(a) and3
(b)(i), D(3)(b), E(1)(a), (b), and (d), and E(4) and to enact R.S. 14:98 B(3) and C(4),4
relative to the offense of operating a vehicle while intoxicated; to provide for the5
mandatory participation in certain substance abuse programs; to provide for the6
criteria for such programs; to provide for an effective date; and to provide for related7
matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1.Code of Criminal Procedure Article 894(A)(3) is hereby amended and10
reenacted to read as follows:11
Art. 894. Suspension and deferral of sentence; probation in misdemeanor cases 12
A.(1) * * *13
(3) When a defendant has been convicted of the misdemeanor offense of14
operating a vehicle while intoxicated, second offense, the court may suspend the15
imposition or the execution of the whole or any part of the sentence imposed except16
for evaluation and treatment as provided for in R.S. 14:98C and place the17 SB NO. 755
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defendant on unsupervised or supervised probation upon such conditions as the court1
may fix, where suspension is not prohibited under the law. Such suspension of2
sentence and probation shall be for a period of two years or such shorter period as3
the court may specify.4
* * *5
Section 2. The introductory paragraph of R.S. 14:98 B(1),(a) (b), the introductory6
paragraph of C(1), D(1)(a) and (b)(i), (3)(b), E(1)(a), (b), and (d), and (4) are hereby7
reenacted and R.S. 14:98 B(3) and C(4) are hereby enacted to read as follows: 8
ยง98. Operating a vehicle while intoxicated9
* * *10
B.(1) On a first conviction, notwithstanding any other provision of law to the11
contrary, the offender shall be fined not less than three hundred dollars nor more than12
one thousand dollars, and shall be imprisoned for not less than ten days nor more13
than six months., and shall participate in a court-approved substance abuse14
program as provided in Paragraph (3) of this Subsection. Imposition or execution15
of sentence shall not be suspended unless:16
(a) The offender is placed on probation with a minimum condition that he17
serve two days in jail and participate in a court-approved substance abuse program18
and participate in a court-approved driver improvement program; or19
(b) The offender is placed on probation with a minimum condition that he20
perform four eight-hour days of court-approved community service activities, at least21
half of which shall consist of participation in a litter abatement or collection22
program, participate in a court-approved substance abuse program, and participate23
in a court-approved driver improvement program. An offender, who participates in24
a litter abatement or collection program pursuant to this Subparagraph, shall have no25
cause of action for damages against the entity conducting the program or supervising26
his participation therein, including a municipality, parish, sheriff, or other entity, nor27
against any official, employee, or agent of such entity, for any injury or loss suffered28
by him during or arising out of his participation in the program, if such injury or loss29 SB NO. 755
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is a direct result of the lack of supervision or act or omission of the supervisor, unless1
the injury or loss was caused by the intentional or grossly negligent act or omission2
of the entity or its official, employee, or agent.3
* * *4
(3) A court-approved substance abuse program, as provided in this5
Subsection, shall be a program having a minimum of twelve hours conducted6
by the office of behavioral health in the Department of Health and Hospitals or7
a program conducted by a licensed mental health provider which program is8
approved by the office of behavioral health and which consists of a multi-9
component curriculum combining alcohol and substance abuse evaluation and10
education with scientifically accepted, evidence based, preventative techniques.11
The secretary of the Department of Health and Hospitals shall promulgate12
rules and regulations for the court approved substance abuse program.13
C.(1) On a conviction of a second offense, notwithstanding any other14
provision of law to the contrary except as provided in Paragraph (3) of this15
Subsection, regardless of whether the second offense occurred before or after the16
first conviction, the offender shall be fined not less than seven hundred fifty dollars,17
nor more than one thousand dollars, and shall be imprisoned for not less than thirty18
days nor more than six months. , and shall order the offender to undergo an19
evaluation and participate in a treatment plan as provided in Paragraph (4) of20
this Subsection. At least forty-eight hours of the sentence imposed shall be served21
without benefit of parole, probation, or suspension of sentence. Nothing herein shall22
prohibit a court from sentencing a defendant to home incarceration, if otherwise23
allowed under the provisions of Article 894.2 of the Code of Criminal Procedure.24
Imposition or execution of the remainder of the sentence shall not be suspended25
unless:26
(a) The offender is placed on probation with a minimum condition that he27
serve fifteen days in jail , and shall undergo an evaluation and treatment as28
required in Paragraph (1) of this Subsection, and participate in a court-approved29 SB NO. 755
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substance abuse program and participate in a court-approved driver improvement1
program; or2
(b) The offender is placed on probation with a minimum condition that he3
perform thirty eight-hour days of court-approved community service activities, at4
least half of which shall consist of participation in a litter abatement or collection5
program, and shall undergo an evaluation and treatment as required in6
Paragraph (1) of this Subsection, and participate in a court-approved substance7
abuse program, and participate in a court-approved driver improvement program. An8
offender, who participates in a litter abatement or collection program pursuant to this9
Subparagraph, shall have no cause of action for damages against the entity10
conducting the program or supervising his participation therein, including a11
municipality, parish, sheriff, or other entity, nor against any official, employee, or12
agent of such entity, for any injury or loss suffered by him during or arising out of13
his participation therein, if such injury or loss is a direct result of the lack of14
supervision or act or omission of the supervisor, unless the injury or loss was caused15
by the intentional or grossly negligent act or omission of the entity or its official,16
employee, or agent.17
* * *18
(4) An evaluation required under Paragraph (1) of this Subsection shall19
be conducted by the office for behavioral health or by a licensed mental health20
provider approved by the office of behavioral health to determine the nature21
and extent of the offender's substance abuse disorder. Any treatment plan22
recommended pursuant to Paragraph (1) of this Subsection may include either23
treatment in an inpatient facility approved by the office of behavioral health or24
by the licensed mental health provider approved by the office of behavioral25
health, or participation in substance abuse treatment in an alcohol and drug26
abuse program conducted by a drug division as defined in R.S. 13:5303.27
D.(1)(a)(i) On a conviction of a third offense, notwithstanding any other28
provision of law to the contrary and regardless of whether the offense occurred29 SB NO. 755
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before or after an earlier conviction, the offender shall be imprisoned with or without1
hard labor for not less than one year nor more than five years and shall be fined two2
thousand dollars. and the offender shall undergo an evaluation by the office for3
behavioral health or by a licensed mental health provider approved by the office4
of behavioral health to determine the nature and extent of the offender's5
substance abuse disorder, and participate in a treatment plan either6
recommended by the office for behavioral health or by the licensed mental7
health provider approved by the office of behavioral health, or shall participate8
in substance abuse treatment in an alcohol and drug abuse program provided9
by a drug division defined in R.S. 13:5303. Forty-five days of the sentence of10
imprisonment shall be imposed without benefit of probation, parole, or suspension11
of sentence. The court, in its discretion, may suspend all or any part of the remainder12
of the sentence of imprisonment. If any portion of the sentence is suspended, the13
offender shall be placed on supervised probation with the Department of Public14
Safety and Corrections, division of probation and parole, for a period of time equal15
to the remainder of the sentence of imprisonment, which probation shall commence16
on the day after the offender's release from custody.17
(ii) The treatment plan provided for in this Subparagraph shall be for18
a period of not less than four weeks followed by outpatient treatment services19
for a period not to exceed twelve months.20
(b) Any offender placed on probation pursuant to the provisions of this21
Subsection shall be required as a condition of probation to participate in thirty eight-22
hour days of court-approved community service activities and to submit to and23
complete either of the following requirements:24
(i) To immediately undergo an evaluation by the Department of Health and25
Hospitals, office for addictive disorders of behavioral health, or by a licensed26
mental health provider approved by the office of behavioral health to determine27
the nature and extent of the offender's substance abuse disorder and to participate in28
any treatment plan recommended by the office for addictive disorders of behavioral29 SB NO. 755
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health or by a licensed mental health provider approved by the office of1
behavioral health, including treatment in an inpatient facility approved by the office2
or by a licensed mental health provider approved by the office of behavioral3
health for a period of not less than four weeks followed by outpatient treatment4
services for a period not to exceed twelve months.5
* * *6
(3)(a) * * *7
(b) The court shall also require the offender to obtain employment and to8
participate in a court-approved driver improvement program at his expense. The9
activities of the offender outside of his home shall be limited to traveling to and from10
work, church services, Alcoholics Anonymous meetings, a court approved11
substance abuse program, or a court-approved driver improvement program.12
* * *13
E.(1)(a) Except as otherwise provided in Subparagraph (4)(b) of this14
Subsection, on a conviction of a fourth or subsequent offense, notwithstanding any15
other provision of law to the contrary and regardless of whether the fourth offense16
occurred before or after an earlier conviction, the offender shall be imprisoned with17
or without hard labor for not less than ten years nor more than thirty years and shall18
be fined five thousand dollars. Seventy-five days One hundred eighty days of the19
sentence of imprisonment shall be imposed without benefit of probation, parole, or20
suspension of sentence. The court, in its discretion, may suspend all or any part of21
the remainder of the sentence of imprisonment. If any portion of the sentence is22
suspended, the offender shall be placed on supervised probation with the Department23
of Public Safety and Corrections, division of probation and parole, for a period of24
time not to exceed five years, which probation shall commence on the day after the25
offender's release from custody.26
(b) Any offender placed on probation pursuant to the provisions of this27
Subsection shall be required, as a condition of probation, to participate in forty eight-28
hour days of court-approved community service activities and to submit to and29 SB NO. 755
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complete either of the following requirements:.1
(i) To immediately undergo an evaluation by the Department of Health and2
Hospitals, office for addictive disorders to determine the nature and extent of the3
offender's substance abuse disorder and to participate in any treatment plan4
recommended by the office for addictive disorders, including treatment in an5
inpatient facility approved by the office for a period of not less than four weeks6
followed by outpatient treatment services for a period not to exceed twelve months.7
(ii) To participate in substance abuse treatment in an alcohol and drug abuse8
program provided by a drug division subject to the applicable provisions of R.S.9
13:5301 et seq. if the offender is otherwise eligible to participate in such program.10
* * *11
(d) If any offender placed on probation pursuant to the provisions of12
Subsection E of this Section fails to complete the substance abuse treatment required13
by the provisions of this Paragraph or violates any other condition of probation,14
including conditions of home incarceration, his probation may be revoked, and he15
may be ordered to serve the balance of the sentence of imprisonment, without credit16
for time served under home incarceration.17
* * *18
(4)(a) If the offender has previously been required to participate in substance19
abuse treatment and home incarceration pursuant to Subsection D of this Section, the20
offender shall not be sentenced to substance abuse treatment and home incarceration21
for a fourth or subsequent offense, but shall be imprisoned at hard labor for not less22
than ten nor more than thirty years, and at least three years of the sentence shall be23
imposed without benefit of suspension of sentence, probation, or parole.24
(b)(4) If the offender has previously received the benefit of suspension of25
sentence, probation, or parole as a fourth offender, no part of the sentence may be26
imposed with benefit of suspension of sentence, probation, or parole, and no portion27
of the sentence shall be imposed concurrently with the remaining balance of any28
sentence to be served for a prior conviction for any offense.29 SB NO. 755
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* * *1
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Present law requires a first conviction offender to be fined no less than $300 and not more
than $1,000 and to be imprisoned for not less than 10 days and not more than six months.
Present law allows for imposition or execution of the sentence if the offender for first
conviction is placed on probation with an minimum condition that he serve two days in jail,
participate in a court-approved substance abuse program, and participate in a court-approved
driver improvement program; or if the offender for first conviction is placed on probation
with an minimum condition that he perform four eight-hour days of court-approved
community service activities, at least half of which must consist of participation in a litter
abatement or collection program, participate in a court-approved substance abuse program,
and participate in a court-approved driver improvement program.
Proposed law retains present law and requires an offender for first conviction to participate
in a court-approved substance program which program will consist of a minimum 12-hour
program administered under the direction and supervision of DHH's, office of behavioral
health, or a program, conducted by a licensed mental health provider which program is
approved by the office of behavioral health , and consisting of a multi-component curriculum
combining alcohol and substance abuse evaluation and education with scientifically
accepted, evidence based, preventative techniques. The secretary of DHH will promulgate
rules and regulations for court-approved substance program.
Present law requires a second conviction offender to be fined no less than $750 and not more
than $1,000 and to be imprisoned for not less than 30 days and not more than six months.
Present law allows for imposition or execution of the sentence if the offender for second
conviction is placed on probation with an minimum condition that he serve 15 days in jail,
participate in a court-approved substance abuse program, and participate in a court-approved
driver improvement program; or if the offender for first conviction is placed on probation
with an minimum condition that he perform 30 eight-hour days of court- approved
community service activities, at least half of which must consist of participation in a litter
abatement or collection program, participate in a court-approved substance abuse program,
and participate in a court-approved driver improvement program.
Proposed law retains present law and requires an offender for second conviction to undergo
an evaluation by the office for behavioral health or by a licensed mental health provider
approved by the office of behavioral health to determine the nature and extent of the
offender's substance abuse disorder and to participate in any treatment plan recommended
by the office for behavioral health or a licensed mental health provider approved by the
office of behavioral health, including treatment in an inpatient facility approved by the office
or a licensed mental health provider approved by the office of behavioral health, or will
participate in substance abuse treatment in an alcohol and drug abuse program conducted by
a drug division as defined in present law.
Present law requires a third conviction offender to be imprisoned with or without hard labor
for not less than one year nor more than five years and will be fined $2,000 and 45 days of
the sentence must be imposed without benefit of probation, parole, or suspension of sentence
If the sentence is suspended the offender will be placed on supervised probation with DPSC's
division of probation and parole for a time equal to the remainder of the sentence of
imprisonment. SB NO. 755
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Present law requires a third conviction offender placed on probation to participate in 30
eight-hour days of court-approved community service activities and to submit to and
complete either requirements: immediately undergo an evaluation by DHH's office for
addictive disorders to determine the nature and extent of the offender's substance abuse
disorder and to participate in any treatment plan recommended by the office for addictive
disorders including treatment in an inpatient facility approved by the office for a period not
less than four weeks followed by outpatient treatment services not to exceed 12 months, or
participate in substance abuse treatment in an alcohol and drug abuse program provided by
a drug division if applicant is eligible for such program.
Proposed law retains present law and requires an offender for third conviction to undergo
an evaluation by the office for behavioral health or a licensed mental health provider
approved by the office of behavioral health to determine the nature and extent of the
offender's substance abuse disorder and to participate in any treatment plan recommended
by the office for behavioral health, or a licensed mental health provider approved by the
office of behavioral health, for a period of not less than four weeks followed by outpatient
treatment services for a period not to exceed 12 months, or will participate in substance
abuse treatment in an alcohol and drug abuse program provided by a drug division defined
in present law.
Proposed law changes the sentence of imprisonment without benefit of probation, parole, or
suspension of sentence for a fourth or subsequent offense from 75 days to 180 days.
Proposed law for a fourth or subsequent offense removes references to substance abuse
treatment as part of the penalty.
Effective August 15, 2010.
(Amends C.Cr.P. Art. 894(A)(3), R.S. 14:98 B(1)(intro para)(a)(b), C(1)(intro para), D(1)(a)
and (b)(i), D(3)(b), E(1)(a),(b), and (d), E(1)(d), and E(4); adds R.S. 14:98 B(3) and C(4))