SLS 10RS-1680 ORIGINAL
Page 1 of 2
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. 790
BY SENATOR HEBERT
DWI. Prohibits persons arrested for operating a vehicle while intoxicated from participating
in any pretrial diversion program. (8/15/10)
AN ACT1
To enact R.S. 14:98(L), relative to the crime of operating a vehicle while intoxicated; to2
prohibit persons arrested for the offense of such crime from participation in pretrial3
diversion programs; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 14:98(L) is hereby enacted to read as follows: 6
ยง98. Operating a vehicle while intoxicated7
* * *8
L.(1) Notwithstanding any other provision of law to the contrary, no9
person charged with any violation of any of the provisions of this Section shall10
be eligible to participate in any pretrial diversion program.11
(2) No person who has entered a plea of guilty or nolo contendere to a12
charge of any violation of any of the provisions of this Section shall be eligible13
to participate in any pretrial diversion program or other program which would14
result in the imposition of a penalty of less severity than the minimum penalties15
required by this Section for a violation of any provisions of this Section.16 SB NO. 790
SLS 10RS-1680 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Heyward Jeffers.
DIGEST
Present law authorizes the establishment and implementation of pretrial diversion programs
and placement of certain criminal offenders into such programs at the discretion of the
district attorney and the court.
Proposed law prohibits persons charged with any violation of any of the provisions of
present law with regard to the operation of a motor vehicle while intoxicated from
participating in any pretrial diversion program. Further prohibits persons who have pled
guilty or nolo contendere to such charges from participating in any pretrial program or any
program which imposes less severe penalties than those required by present law for such
offenses.
Effective August 15, 2010.
(Adds R.S. 14:98(L))