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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 485
BY SENATOR PERRY
CRIME/PUNISHMENT. Provides relative to certain offenses committed while intoxicated.
(gov sig)
AN ACT1
To enact R.S. 14:32.1(A)(7), 32.8(A)(2)(g), 39.1(A)(6), 39.2(A)(6), and 98(A)(1)(f), relative2
to operating a vehicle while intoxicated; to provide that certain crimes involving3
operating a vehicle while intoxicated include operating a vehicle when any4
detectable amount of certain controlled dangerous substances is present in the5
operator's blood; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 14:32.1(A)(7), 32.8(A)(2)(g), 39.1(A)(6), 39.2(A)(6), and 98(A)(1)(f)8
are hereby enacted to read as follows: 9
§32.1. Vehicular homicide10
A. Vehicular homicide is the killing of a human being caused proximately or11
caused directly by an offender engaged in the operation of, or in actual physical12
control of, any motor vehicle, aircraft, watercraft, or other means of conveyance,13
whether or not the offender had the intent to cause death or great bodily harm,14
whenever any of the following conditions exists and such condition was a15
contributing factor to the killing:16
* * *17 SB NO. 485
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(7) The operator's blood has any detectable amount of any controlled1
dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S.2
40:964 that has not been medically ordered or prescribed for the individual, or3
a metabolite of a controlled dangerous substance.4
* * *5
§32.8. Third degree feticide6
A. Third degree feticide is:7
* * *8
(2) The killing of an unborn child caused proximately or caused directly by9
an offender engaged in the operation of, or in actual physical control of, any motor10
vehicle, aircraft, vessel, or other means of conveyance whether or not the offender11
had the intent to cause death or great bodily harm whenever any of the following12
conditions exist and such condition was a contributing factor to the killing:13
* * *14
(g) The operator's blood has any detectable amount of any controlled15
dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S.16
40:964 that has not been medically ordered or prescribed for the individual, or17
a metabolite of a controlled dangerous substance.18
* * *19
§39.1. Vehicular negligent injuring20
A. Vehicular negligent injuring is the inflicting of any injury upon the person21
of a human being when caused proximately or caused directly by an offender22
engaged in the operation of, or in actual physical control of , any motor vehicle,23
aircraft, watercraft, or other means of conveyance whenever any of the following24
conditions exists:25
* * *26
(6) The operator's blood has any detectable amount of any controlled27
dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S.28
40:964 that has not been medically ordered or prescribed for the individual, or29 SB NO. 485
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a metabolite of a controlled dangerous substance.1
* * *2
§39.2. First degree vehicular negligent injuring3
A. First degree vehicular negligent injuring is the inflicting of serious bodily4
injury upon the person of a human being when caused proximately or caused directly5
by an offender engaged in the operation of, or in actual physical control of, any6
motor vehicle, aircraft, watercraft, or other means of conveyance whenever any of7
the following conditions exists:8
* * *9
(6) The operator's blood has any detectable amount of any controlled10
dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S.11
40:964 that has not been medically ordered or prescribed for the individual, or12
a metabolite of a controlled dangerous substance.13
* * *14
§98. Operating a vehicle while intoxicated15
A.(1) The crime of operating a vehicle while intoxicated is the operating of16
any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when:17
* * *18
(f) The operator's blood has any detectable amount of any controlled19
dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S.20
40:964 that has not been medically ordered or prescribed for the individual, or21
a metabolite of a controlled dangerous substance.22
* * *23
Section 2. This Act shall become effective upon signature by the governor or, if not24
signed by the governor, upon expiration of the time for bills to become law without signature25
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If26
vetoed by the governor and subsequently approved by the legislature, this Act shall become27
effective on the day following such approval.28 SB NO. 485
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words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Perry (SB 485)
Present law provides that the crimes of vehicular homicide, third degree feticide, vehicular
negligent injuring, first degree vehicular negligent injuring, and operating a vehicle while
intoxicated have as an element of each offense operating a vehicle under circumstances
while under the influence of alcohol or certain controlled dangerous substances.
Proposed law retains present law and adds as an element of each present law crime that the
operator of the vehicle has in his blood any detectable amount of any controlled dangerous
substance listed in Schedule I, II, III, IV, or V of present law that has not been medically
ordered or prescribed for the individual, or a metabolite of a controlled dangerous substance.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S.14:32.1(A)(7), 32.8(A)(2)(g), 39.1(A)(6), 39.2(A)(6), and 98(A)(1)(f))