HLS 12RS-374 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 47
BY REPRESENTATIVE MACK
DWI: Provides for a minimum mandatory jail sentence for certain DWI offenses
AN ACT1
To amend and reenact R.S. 14:98(C)(1) and to enact R.S. 14:98(C)(4), relative to operating2
a vehicle while intoxicated; to provide for a minimum mandatory prison sentence for3
certain offenses of operating a vehicle while intoxicated; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:98(C)(1) is hereby amended and reenacted and R.S. 14:98(C)(4)7
is hereby enacted to read as follows: 8
ยง98. Operating a vehicle while intoxicated9
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C.(1) On a conviction of a second offense, notwithstanding any other11
provision of law to the contrary except as provided in Paragraph Paragraphs (3) and12
(4) of this Subsection, regardless of whether the second offense occurred before or13
after the first conviction, the offender shall be fined not less than seven hundred fifty14
dollars, nor more than one thousand dollars, and shall be imprisoned for not less than15
thirty days nor more than six months. At least forty-eight hours of the sentence16
imposed shall be served without benefit of parole, probation, or suspension of17
sentence. Nothing herein shall prohibit a court from sentencing a defendant to home18
incarceration, if otherwise allowed under the provisions of Article 894.2 of the Code19 HLS 12RS-374 ORIGINAL
HB NO. 47
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
of Criminal Procedure. Imposition or execution of the remainder of the sentence1
shall not be suspended unless:2
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(4) Notwithstanding the provisions of Paragraph (1) of this Subsection, on4
a conviction of a second offense when the arrest for the second offense occurs within5
one year of the conviction of the first offense, the offender shall be imprisoned with6
or without hard labor for six months without benefit of parole, probation, or7
suspension of sentence. 8
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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)]
Mack HB No. 47
Abstract: Provides for a minimum mandatory prison sentence of six months on a
conviction of a second offense DWI when the arrest for the second offense occurs
within one year of the first DWI conviction.
Present law provides that on a conviction of a second offense DWI, the offender shall be
fined $750 to $1,000, and shall be imprisoned for 30 days to six months with at least 48
hours of the sentence imposed to be served without benefit of parole, probation, or
suspension of sentence.
Proposed law retains present law and provides that if the arrest for the second offense occurs
within one year of the conviction of the first offense, the offender shall be imprisoned for
six months without benefit of parole, probation, or suspension of sentence.
(Amends R.S. 14:98(C)(1); Adds R.S. 14:98(C)(4))