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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) and 32.8(A)(2)(g), relative to operating a vehicle while2
intoxicated; to provide that certain crimes involving operating a vehicle while3
intoxicated include operating a vehicle when any detectable amount of certain4
controlled dangerous substances is present in the operator's blood; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 14:32.1(A)(7) and 32.8(A)(2)(g) are hereby enacted to read as8
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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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(7) The operator's blood has any detectable amount of any controlled1
dangerous substance listed in Schedule I, II, III, or IV as set forth in R.S. 40:9642
that has not been medically ordered or prescribed for the individual, or a3
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, or IV as set forth in R.S. 40:96416
that has not been medically ordered or prescribed for the individual, or a17
metabolite of a controlled dangerous substance.18
* * *19
Section 2. This Act shall become effective upon signature by the governor or, if not20
signed by the governor, upon expiration of the time for bills to become law without signature21
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If22
vetoed by the governor and subsequently approved by the legislature, this Act shall become23
effective on the day following such approval.24 SB NO. 485
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument was prepared by Alden A. Clement, Jr. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Alan Miller.
DIGEST
Perry (SB 485)
Present law provides that the crimes of vehicular homicide and third degree feticide 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, or IV 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) and 32.8(A)(2)(g))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Removes vehicular negligent injuring, first degree vehicular negligent
injuring, and operating a vehicle while intoxicated as offenses that would
have been applied to proposed law.
2. Removes references to Schedule V controlled dangerous substances as an
element of each listed offense under proposed law.