HLS 12RS-1148 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
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Regular Session, 2012
HOUSE BILL NO. 799
BY REPRESENTATIVE PYLANT
DWI: Provides for required evaluation and treatment for first and second DWI offenders
AN ACT1
To amend and reenact R.S. 14:98(B)(1) and (C)(1) and to enact R.S. 14:98(B)(3) and (C)(4),2
relative to operating a vehicle while intoxicated; to amend penalties for a first or3
second conviction of operating a vehicle while intoxicated; to provide for conditions4
of suspension of sentence; to require a substance use evaluation and treatment for5
first and second offense DWI convictions; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 14:98(B)(1) and (C)(1) are hereby amended and reenacted and R.S.8
14:98(B)(3) and (C)(4) are hereby enacted to read as follows: 9
ยง98. Operating a vehicle while intoxicated10
* * *11
B.(1) On a first conviction, notwithstanding any other provision of law to the12
contrary, the offender shall be fined not less than three hundred dollars nor more than13
one thousand dollars, and shall be imprisoned for not less than ten days nor more14
than six months, and shall be ordered to undergo an evaluation and participate in a15
treatment program as provided by Paragraph (3) of this Subsection. Imposition or16
execution of sentence shall not be suspended unless:17
* * *18
(3)(a) The evaluation required by Paragraph (1) of this Subsection shall be19
conducted by a licensed mental health professional, either as an independent20
practitioner or as an employee of a provider agency, acting within the scope of his21
practice, to determine the nature and extent of the offender's substance use disorder.22
The Department of Health and Hospitals, office of behavioral health, shall maintain23 HLS 12RS-1148 ORIGINAL
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information regarding best practices for treatment of such substance use disorders1
and shall publish such information on its website. Each licensed mental health2
professional conducting the evaluation required by this Paragraph shall follow the3
best practices published by the department.4
(b) The Department of Health and Hospitals, office of behavioral health,5
shall establish and maintain on its website a registry of licensed mental health6
professionals who are willing to provide such evaluation services.7
(c) The licensed mental health professional shall recommend a treatment8
plan based upon the evaluation, and the offender shall comply with such treatment9
plan. Any treatment plan recommended pursuant to the provisions of Paragraph (1)10
of this Subsection may include either treatment in a licensed inpatient or residential11
facility or participation in substance abuse treatment in an alcohol and drug abuse12
program provided by a drug division subject to the applicable provisions of R.S.13
13:5301 et seq., if the offender is otherwise eligible to participate in such program.14
(d) It shall be the responsibility of the offender to obtain the evaluation and15
treatment plan. All costs of the evaluation and treatment shall be borne by the16
offender, unless the offender has been declared indigent.17
C.(1) On a conviction of a second offense, notwithstanding any other18
provision of law to the contrary except as provided in Paragraph (3) of this19
Subsection, regardless of whether the second offense occurred before or after the20
first conviction, the offender shall be fined not less than seven hundred fifty dollars,21
nor more than one thousand dollars, and shall be imprisoned for not less than thirty22
days nor more than six months, and shall be ordered to undergo an evaluation and23
participate in a treatment plan as provided in Paragraph (4) of this Subsection. At24
least forty-eight hours of the sentence imposed shall be served without benefit of25
parole, probation, or suspension of sentence. Nothing herein shall prohibit a court26
from sentencing a defendant to home incarceration, if otherwise allowed under the27
provisions of Article 894.2 of the Code of Criminal Procedure. Imposition or28
execution of the remainder of the sentence shall not be suspended unless:29 HLS 12RS-1148 ORIGINAL
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(a) The offender is placed on probation with a minimum condition that he1
serve fifteen days in jail, undergo an evaluation and participate in a treatment plan2
as provided in Paragraph (4) of this Subsection, and participate in a court-approved3
substance abuse program, and participate in a court-approved driver improvement4
program; or5
(b) The offender is placed on probation with a minimum condition that he6
perform thirty eight-hour days of court-approved community service activities, at7
least half of which shall consist of participation in a litter abatement or collection8
program, undergo an evaluation and participate in a treatment plan as provided in9
Paragraph (4) of this Subsection, and participate in a court-approved substance abuse10
program, and participate in a court-approved driver improvement program. An11
offender, who participates in a litter abatement or collection program pursuant to this12
Subparagraph, shall have no cause of action for damages against the entity13
conducting the program or supervising his participation therein, including a14
municipality, parish, sheriff, or other entity, nor against any official, employee, or15
agent of such entity, for any injury or loss suffered by him during or arising out of16
his participation therein, if such injury or loss is a direct result of the lack of17
supervision or act or omission of the supervisor, unless the injury or loss was caused18
by the intentional or grossly negligent act or omission of the entity or its official,19
employee, or agent.20
* * *21
(4)(a) The evaluation required by Paragraph (1) of this Subsection shall be22
conducted by a licensed mental health professional, either as an independent23
practitioner or as an employee of a provider agency, acting within the scope of his24
practice, to determine the nature and extent of the offender's substance use disorder.25
The Department of Health and Hospitals, office of behavioral health, shall maintain26
information regarding best practices for treatment of such substance use disorders,27
and shall publish such information on its website. Each licensed mental health28 HLS 12RS-1148 ORIGINAL
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professional conducting the evaluation required by this Paragraph shall follow the1
best practices published by the department.2
(b) The Department of Health and Hospitals, office of behavioral health,3
shall establish and maintain on its website a registry of licensed mental health4
professionals who are willing to provide such evaluation services.5
(c) The licensed mental health professional shall recommend a treatment6
plan based upon the evaluation, and the offender shall comply with such treatment7
plan. Any treatment plan recommended pursuant to the provisions of Paragraph (1)8
of this Subsection may include either treatment in a licensed inpatient or residential9
facility or participation in substance abuse treatment in an alcohol and drug abuse10
program provided by a drug division subject to the applicable provisions of R.S.11
13:5301 et seq., if the offender is otherwise eligible to participate in such program.12
(d) It shall be the responsibility of the offender to obtain the evaluation and13
treatment plan. All costs of the evaluation and treatment shall be borne by the14
offender, unless the offender has been declared indigent.15
* * *16
Section 2. This Act shall become effective upon signature by the governor or, if not17
signed by the governor, upon expiration of the time for bills to become law without signature18
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If19
vetoed by the governor and subsequently approved by the legislature, this Act shall become20
effective on the day following such approval.21
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)]
Pylant HB No. 799
Abstract: Amends the crime of operating a vehicle while intoxicated to require a substance
use evaluation and participation in a treatment program for first and second offense
DWI convictions.
Present law provides penalties for first and second offense DWI convictions and authorizes
suspension of the sentence if certain conditions are met. HLS 12RS-1148 ORIGINAL
HB NO. 799
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law retains present law but requires a substance use evaluation and participation
in a treatment program for first and second offense DWI convictions, regardless of whether
any portion of the sentence is suspended.
Proposed law provides procedures and conditions of such evaluation and treatment.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 14:98(B)(1) and (C)(1); Adds R.S. 14:98(B)(3) and (C)(4))