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ACT No. 35
Regular Session, 2011
HOUSE BILL NO. 253
BY REPRESENTATIVE CHAMPAGNE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 32:415.1(A)(1)(introductory paragraph), (c), and (f), relative to2
driver's license suspensions and revocations; to provide for economic and medical3
hardship license application procedures; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 32:415.1(A)(1)(introductory paragraph), (c), and (f) are hereby6
amended and reenacted to read as follows:7
ยง415.1. Economic and medical hardship appeal of driver's license suspension8
A.(1) Except as provided in R.S. 32:378.2(A), 414, and 415(B)(2), upon9
suspension, revocation, or cancellation of a person's driver's license for the first time10
only as provided for under R.S. 32:414 and 415, said the person, after initial notice11
from the department, shall have the right to apply to the department for a restricted12
license. In the event that the department fails or refuses to issue the restricted13
license, the person shall have the right to file a petition for a restricted driver's14
license in the district court of the parish in which the applicant is domiciled alleging.15
Such application or petition for a restricted license shall allege that revocation of his16
driving privileges will deprive him or his family of the necessities of life, will17
prevent him from earning a livelihood, or prevent him from obtaining proper medical18
treatment if disabled. The district court is vested with jurisdiction to set the matter19
for contradictory hearing in open court upon ten days written notice to the20
department, and thereupon to determine whether the allegations of hardship have21
merit. Upon determination by the department or the court that the lack of a license22
would deprive the person or his family of the necessities of life or prevent the23
licensee from obtaining proper medical treatment if disabled, the department may24 ENROLLEDHB NO. 253
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grant or the court may order that the person be granted, by the department, a1
restricted license to enable the person to continue to support his family or to obtain2
such medical treatment as provided for in this Section. The restrictions of said3
license shall be determined by the department or the court and shall include the4
following:5
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(c) During the period of suspension, licensee shall be responsible for7
applying to the court in the event that either earning his livelihood or treatment of his8
debilitative condition as provided for in Subparagraph (e) of this Paragraph9
necessitates a change in the original restrictions proposed by the department or the10
court.11
* * *12
(f) In addition to any other restrictions determined necessary and proper by13
the department or the court, a license ordered issued and restricted under this Section14
must include the requirement of installation and maintenance of an ignition interlock15
device upon a motor vehicle to be used by the licensee during the course of the term16
of the restricted license, when the suspension of driving privileges arises from17
operating a vehicle under the influence of alcoholic beverages.18
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: