Louisiana 2012 2012 Regular Session

Louisiana Senate Bill SB489 Engrossed / Bill

                    SLS 12RS-810	ENGROSSED
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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. 489
BY SENATOR PERRY 
MOTOR VEHICLES. Provides relative to hearing procedures following revocation or
denial of driver's license. (8/1/12)
AN ACT1
To amend and reenact the introductory paragraph of R.S. 32:668(A), relative to hearing2
procedures following revocation or denial of drivers' licenses; to provide relative to3
testimony of law enforcement officers; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 32:668(A)(introductory paragraph) is hereby amended and reenacted6
to read as follows: 7
ยง668. Procedure following revocation or denial of license; hearing; court review;8
review of final order; restricted licenses9
A. Upon suspending the license or permit to drive or nonresident operating10
privilege of any person or upon determining that the issuance of a license or permit11
shall be denied to the person, the Department of Public Safety and Corrections shall12
immediately notify the person in writing and upon his request shall afford him an13
opportunity for a hearing based upon the department's records or other evidence14
admitted at the hearing, and in the same manner and under the same conditions as is15
provided in R.S. 32:414 for notification and hearings in the case of suspension of16
licenses, except that no law enforcement officer shall be compelled by such17 SB NO. 489
SLS 12RS-810	ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
person to appear or testify at such hearing and the scope of such a hearing for the1
purposes of this Part shall be limited to the following issues:2
*          *          *3
The original instrument was prepared by Sharon F. Lyles. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Riley Boudreaux.
DIGEST
Perry (SB 489)
Present law provides that DPS&C shall notify in writing and afford an opportunity for a
hearing, upon request, to persons whose driver's license or permit is suspended or who are
denied driving privileges. Such hearing is based upon the department's records or other
evidence admitted at the hearing, and in the same manner and under the same conditions as
is provided in R.S. 32:414 for notification and hearings in the case of suspension of licenses.
Provides that the scope of hearing is limited.
Proposed law provides that a law enforcement officer will be not be compelled by such
person to appear or testify at such hearings.
Effective August 1, 2012. 
(Amends R.S. 32:668(A)(intro para))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill
1. Clarifies that the law enforcement officer cannot be compelled to appear, as
well as testify, at a license suspension hearing.