Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012 ENROLLED
SENATE BILL NO. 485
BY SENATOR PERRY
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 the crimes of vehicular homicide and third degree3
feticide include operating a vehicle when any detectable amount of certain controlled4
dangerous substances is present in the operator's blood; to provide for exceptions;5
to provide for an effective date; 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) 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
(7) The operator's blood has any detectable amount of any controlled18
dangerous substance listed in Schedule I, II, III, or IV as set forth in R.S.19
40:964, or a metabolite of such controlled dangerous substance, that has not20
been medically ordered or prescribed for the individual.21
* * *22
§32.8. Third degree feticide23
A. Third degree feticide is:24
* * *25
(2) The killing of an unborn child caused proximately or caused directly by26
an offender engaged in the operation of, or in actual physical control of, any motor27
ACT No. 662 SB NO. 485 ENROLLED
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
vehicle, aircraft, vessel, or other means of conveyance whether or not the offender1
had the intent to cause death or great bodily harm whenever any of the following2
conditions exist and such condition was a contributing factor to the killing:3
* * *4
(g) The operator's blood has any detectable amount of any controlled5
dangerous substance listed in Schedule I, II, III, or IV as set forth in R.S.6
40:964, or a metabolite of such controlled dangerous substance, that has not7
been medically ordered or prescribed for the individual.8
* * *9
Section 2. This Act shall become effective upon signature by the governor or, if not10
signed by the governor, upon expiration of the time for bills to become law without signature11
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If12
vetoed by the governor and subsequently approved by the legislature, this Act shall become13
effective on the day following such approval.14
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: