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Regular Session, 2011
HOUSE BILL NO. 638 (Substitute for House Bill No. 218 by Representative White)
BY REPRESENTATIVES WHITE, ARMES, GISCLAIR, HARDY, RICHARD,
RICHARDSON, GARY SMITH, JANE SMITH, AND ST. GERMAIN
MTR VEHICLE/DRIVER LIC: Provides for the suspension of drivers' licenses in certain
cases involving vehicular homicide
AN ACT1
To enact R.S. 32:667.1, relative to tests for suspected drunken drivers; to provide for the2
seizure and suspension of drivers' licenses upon arrest for vehicular homicide; to3
provide for procedures; to provide for the period of the suspension; and to provide4
for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 32:667.1 is hereby enacted to read as follows: 7
ยง667.1. Seizure of license upon arrest for vehicular homicide; issuance of temporary8
license; suspension9
A. When a law enforcement officer places a person under arrest for a10
violation of R.S. 14:32.1 (vehicular homicide), the following procedure shall apply:11
(1) The officer shall seize the driver's license of a person under arrest and12
shall issue in its place a temporary receipt of license on a form approved by the13
Department of Public Safety and Corrections. The temporary receipt shall authorize14
the person to whom it has been issued to operate a motor vehicle upon the public15
highways of this state for a period not to exceed thirty days from the date of arrest16
or until the hearing can be conducted as provided for in this Section, whichever17
occurs first.18
(2) The temporary receipt shall also serve as notice to the person under arrest19
that he has fifteen days from the date of arrest to make a written request to the court20
for a contradictory hearing in accordance with the provisions of this Section.21 HLS 11RS-1811 REENGROSSED
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B. If a written request is not made within the fifteen-day period, the person's1
license shall be suspended for one year, without benefit of eligibility for a hardship2
license.3
C.(1) Upon receipt of a request for a contradictory hearing, the court shall4
issue a document extending the temporary license, which shall remain in effect until5
the completion of the suspension proceedings.6
(2) The court shall conduct a contradictory hearing to determine whether a7
chemical test has been performed of the blood, urine, or other bodily substance of the8
person arrested and whether the test indicates the presence of alcohol, an abused9
substance, a controlled dangerous substance as set forth in R.S. 40:964, or any other10
substance which causes impairment. The scope of the hearing shall be limited to the11
issues provided for in this Paragraph.12
(3) If the court determines that the test provided for in Paragraph (2) of this13
Subsection indicates the presence of alcohol, an abused substance, a controlled14
dangerous substance or any other substance which causes impairment, then the court15
shall suspend the driver's license of any person arrested for a violation of R.S.16
14:32.1 (vehicular homicide) for one year, without benefit of a hardship license.17
D.(1) If the person is convicted of the crime of vehicular homicide, his18
license shall be suspended for a period of two years following his release from19
incarceration with credit for the time in which the license was suspended prior to20
conviction.21
(2) If the charge of vehicular homicide does not result in a conviction, plea22
of guilty, or bond forfeiture, the person charged shall have his license immediately23
reinstated and shall not be required to pay any reinstatement fee if, at the time for24
reinstatement of driver's license, it can be shown that the criminal charges have been25
dismissed, there has been a permanent refusal to charge a crime by the appropriate26
prosecutor, or there has been an acquittal.27 HLS 11RS-1811 REENGROSSED
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E. The court shall notify the Department of Public Safety and Corrections1
when it has suspended a license or taken any other action pursuant to the provisions2
of this Section.3
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
White HB No. 638
Abstract: Provides for the suspension of drivers' licenses upon arrest for vehicular
homicide when chemical tests indicate the presence of alcohol or other substances.
Proposed law establishes a procedure for seizure of a driver's license upon arrest of a person
for vehicular homicide as follows:
(1)The officer shall seize the driver's license of a person under arrest and shall issue in
its place a temporary receipt of license on a form approved by the Dept. of Public
Safety and Corrections. The temporary receipt shall authorize the person to whom
it has been issued to operate a motor vehicle upon the public highways of this state
for a period not to exceed 30 days from the date of arrest or until the hearing can be
conducted, whichever occurs first.
(2)The temporary receipt shall serve as notice to the person under arrest that he has 15
days from the date of arrest to make a written request to the court for a contradictory
hearing.
Proposed law provides that if a written request is not made within the 15-day period, the
person's license shall be suspended for one year, without benefit of eligibility for a hardship
license.
Proposed law provides that upon receipt of a request for a contradictory hearing, the court
shall issue a document extending the temporary license, which shall remain in effect until
the completion of the suspension proceedings.
Proposed law provides that the court shall conduct a contradictory hearing limited to
determining whether a chemical test has been performed of the blood, urine, or other bodily
substance of the person arrested and whether that test indicates the presence of alcohol, an
abused substance, a controlled dangerous substance, or any other substance which causes
impairment.
Proposed law provides that if the court makes those determinations, then the court shall
suspend the driver's license of any person arrested for a violation of vehicular homicide for
one year, without benefit of a hardship license.
Proposed law provides that if the person is convicted of the crime of vehicular homicide, his
license shall be suspended for a period of two years following his release from incarceration
with credit for the time in which the license was suspended prior to conviction.
Proposed law provides that if the charge of vehicular homicide does not result in a
conviction, plea of guilty, or bond forfeiture, the person charged shall have his license
immediately reinstated and shall not be required to pay any reinstatement fee if, at the time
for reinstatement of driver's license, it can be shown that the criminal charges have been HLS 11RS-1811 REENGROSSED
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dismissed, there has been a permanent refusal to charge a crime by the appropriate
prosecutor, or there has been an acquittal.
(Adds R.S. 32:667.1)
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Added provision clarifying that the scope of the hearing conducted by the district
court is limited to whether a chemical test was conducted and whether the test
indicated the presence of a substance which causes impairment.
2. Clarified that if the court determines the presence of a substance which causes
impairment, then the court shall suspend the driver's license of a person arrested
for vehicular homicide for one year.