HLS 12RS-374 REENGROSSED
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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)(introductory paragraph) and to enact R.S.2
14:98(C)(4), relative to operating a vehicle while intoxicated; to provide for a3
minimum mandatory prison sentence and treatment for certain offenses of operating4
a vehicle while intoxicated; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:98(C)(1)(introductory paragraph) is hereby amended and7
reenacted and R.S. 14:98(C)(4) 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
of Criminal Procedure. Imposition or execution of the remainder of the sentence20
shall not be suspended unless:21
* * *22 HLS 12RS-374 REENGROSSED
HB NO. 47
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(4) Notwithstanding the provisions of Paragraph (1) of this Subsection, on1
a conviction of a second offense when the arrest for the second offense occurs within2
one year of the commission of the first offense, the offender shall be imprisoned with3
or without hard labor for thirty days without benefit of parole, probation, or4
suspension of sentence and shall participate in a court-approved substance abuse5
program and in a court-approved driver improvement program. 6
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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 30 days on a conviction
of a second offense DWI when the arrest for the second offense occurs within one
year of the first DWI.
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 commission of the first offense, the offender shall be imprisoned for
30 days without benefit of parole, probation, or suspension of sentence and the offender shall
participate in a substance abuse program and in a driver improvement program.
(Amends R.S. 14:98(C)(1)(intro.para.); Adds R.S. 14:98(C)(4))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Decreased the minimum mandatory sentence in proposed law from six months
to 30 days.
2. Added provision requiring the offender sentenced pursuant to the provisions of
proposed law to participate in substance abuse and driver improvement
programs.
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Clarified that proposed law applies to a second offense DWI when the arrest for
the second offense occurs within one year of the commission of the first offense.