ENROLLED
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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
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
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(4) Notwithstanding the provisions of Paragraph (1) of this Subsection, on23
a conviction of a second offense when the arrest for the second offense occurs within24 ENROLLEDHB NO. 47
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
one year of the commission of the first offense, the offender shall be imprisoned for1
thirty days without benefit of parole, probation, or suspension of sentence and shall2
participate in a court-approved substance abuse program and in a court-approved3
driver improvement program. 4
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: