Louisiana House Bill HB638

Louisiana 2011 Regular Session

• Introduced: 5/19/11
• Engrossed: 6/1/11
• Report Pass: 6/7/11
• Enrolled: 6/15/11
• Chaptered: 6/28/11
• Passed: 6/28/11

Caption

Provides for the suspension of drivers' licenses in certain cases involving vehicular homicide

Impact

If enacted, HB 638 would lead to the mandatory suspension of a driver's license for one year when a person is arrested for vehicular homicide, particularly if the evidence indicates the presence of impairing substances as determined by chemical tests. It emphasizes the importance of ensuring that individuals who pose a public safety risk through impaired driving are held accountable, therefore aligning with broader objectives of crime prevention and public safety. Additionally, the amendment states that if convicted, the individual would face a further two-year suspension after serving time, reinforcing the penalties associated with vehicular homicide significantly.

Summary

House Bill 638 introduces significant amendments to the Louisiana statute concerning the seizure and suspension of driver's licenses for individuals arrested under charges of vehicular homicide. The legislation mandates that law enforcement officers seize the driver's license upon arrest and issue a temporary receipt that allows the individual to drive for a limited period. This temporary measure is designed to provide the individual with a brief opportunity to contest the suspension before it becomes permanent, thereby ensuring procedural fairness.

Sentiment

The legislative discussions surrounding HB 638 were mostly supportive among committee members and stakeholders who advocate for increased road safety and accountability for impaired driving. Some members expressed concern that the bill’s provisions may disproportionately affect individuals who may not have been convicted, raising discussions about the balance between ensuring public safety and protecting individual rights. However, the overall sentiment leaned toward strengthening measures against impaired driving, suggesting a general consensus on the need for harsher penalties and preventive measures.

Contention

Notable points of contention that emerged during the discussions revolved around the due process rights of individuals facing license suspension without prior conviction. Critics of the bill raised concerns about the fairness of automatic license seizures, pointing out that such actions could unduly impact individuals who have not yet been found guilty of any offense. Furthermore, the specific duration of the license suspension drew debate regarding whether it was excessively harsh and the implications for affected individuals who rely on their vehicles for daily functioning. This highlights a tension between the enforcement of public safety regulations and the preservation of civil liberties.