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Regular Session, 2012
SENATE BILL NO. 533
BY SENATOR MILLS
DWI. Requires a person on probation for 1
st
or 2
nd
offense DWI to undergo a substance
abuse evaluation by DHH. (gov sig)
AN ACT1
To amend and reenact of R.S. 14:98(B)(1)(introductory paragraph) and (C)(1) and to enact2
R.S. 14:98(B)(3) and (C)(4), relative to the crime of operating a vehicle while3
intoxicated; to provide relative to penalties for first and second offense operating a4
vehicle while intoxicated; to require persons convicted of first or second offense5
operating a vehicle while intoxicated to be evaluated to determine the nature and6
extent of the offender's substance use disorder and to participate in a treatment plan;7
and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 14:98(B)(1)(introductory paragraph) and (C)(1) are hereby amended10
and reenacted and R.S. 14:98(B)(3) and (C)(4) are hereby enacted to read as follows:11
ยง98. Operating a vehicle while intoxicated12
* * *13
B.(1) On a first conviction, notwithstanding any other provision of law to the14
contrary, the offender shall be fined not less than three hundred dollars nor more than15
one thousand dollars, and shall be imprisoned for not less than ten days nor more16
than six months, and shall be ordered to undergo an evaluation and participate17 SB NO. 533
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in a treatment plan as provided in Paragraph (3) of this Subsection. Imposition1
or execution of sentence shall not be suspended unless:2
* * *3
(3)(a) The evaluation required by Paragraph (1) of this Subsection shall4
be conducted by the Department of Health and Hospitals, office of behavioral5
health, or by a licensed mental health professional, either as an independent6
practitioner or as an employee of a provider agency, acting within the scope of7
his practice, to determine the nature and extent of the offender's substance use8
disorder. The Department of Health and Hospitals, office of behavioral health,9
shall maintain information regarding best practices for the treatment of such10
substance use disorders, and shall publish such information on its website.11
Each licensed mental health professional conducting the evaluation required by12
this Paragraph shall follow the best practices published by the Department of13
Health and Hospitals, office of behavioral health.14
(b) The Department of Health and Hospitals, office of behavioral health,15
shall establish and maintain on its website a registry of licensed mental health16
professionals who are willing to provide such evaluation services.17
(c) The licensed mental health professional shall recommend a treatment18
plan based upon the evaluation, and the offender shall comply with such19
treatment plan. Any treatment plan recommended pursuant to Paragraph (1)20
of this Subsection may include either treatment in a licensed inpatient or21
residential facility or participation in substance abuse treatment in an alcohol22
and drug abuse program provided by a drug division subject to the applicable23
provisions of R.S. 13:5301 et seq., if the offender is otherwise eligible to24
participate in such program.25
(d) It shall be the responsibility of the offender to obtain the evaluation26
and treatment plan. All costs of evaluation and treatment shall be borne by the27
offender, unless the offender has been declared indigent.28
C.(1) On a conviction of a second offense, notwithstanding any other29 SB NO. 533
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provision of law to the contrary except as provided in Paragraph (3) of this1
Subsection, regardless of whether the second offense occurred before or after the2
first conviction, the offender shall be fined not less than seven hundred fifty dollars,3
nor more than one thousand dollars, and shall be imprisoned for not less than thirty4
days nor more than six months, and shall be ordered to undergo an evaluation5
and participate in a treatment plan as provided in Paragraph (4) of this6
Subsection. At least forty-eight hours of the sentence imposed shall be served7
without benefit of parole, probation, or suspension of sentence. Nothing herein shall8
prohibit a court from sentencing a defendant to home incarceration, if otherwise9
allowed under the provisions of Article 894.2 of the Code of Criminal Procedure.10
Imposition or execution of the remainder of the sentence shall not be suspended11
unless:12
(a) The offender is placed on probation with a minimum condition that he13
serve fifteen days in jail, undergo an evaluation and treatment as provided in14
Paragraph (1) of this Subsection, and participate in a court-approved substance15
abuse program and participate in a court-approved driver improvement program; or16
(b) The offender is placed on probation with a minimum condition that he17
perform thirty eight-hour days of court-approved community service activities, at18
least half of which shall consist of participation in a litter abatement or collection19
program, undergo an evaluation and treatment as provided in Paragraph (1) of20
this Subsection, and participate in a court-approved substance abuse program, and21
participate in a court-approved driver improvement program. An offender, who22
participates in a litter abatement or collection program pursuant to this23
Subparagraph, shall have no cause of action for damages against the entity24
conducting the program or supervising his participation therein, including a25
municipality, parish, sheriff, or other entity, nor against any official, employee, or26
agent of such entity, for any injury or loss suffered by him during or arising out of27
his participation therein, if such injury or loss is a direct result of the lack of28
supervision or act or omission of the supervisor, unless the injury or loss was caused29 SB NO. 533
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by the intentional or grossly negligent act or omission of the entity or its official,1
employee, or agent.2
* * *3
(4)(a) The evaluation required by Paragraph (1) of this Subsection shall4
be conducted by the Department of Health and Hospitals, office of behavioral5
health, or by a licensed mental health professional, either as an independent6
practitioner or as an employee of a provider agency, acting within the scope of7
his practice, to determine the nature and extent of the offender's substance use8
disorder. The Department of Health and Hospitals, office of behavioral health,9
shall maintain information regarding best practices for the treatment of such10
substance use disorders, and shall publish such information on its website.11
Each licensed mental health professional conducting the evaluation required by12
this Paragraph shall follow the best practices published by the Department of13
Health and Hospitals, office of behavioral health.14
(b) The Department of Health and Hospitals, office of behavioral health,15
shall establish and maintain on its website a registry of licensed mental health16
professionals who are willing to provide such evaluation services.17
(c) The licensed mental health professional shall recommend a treatment18
plan based upon the evaluation, and the offender shall comply with such19
treatment plan. Any treatment plan recommended pursuant to Paragraph (1)20
of this Subsection may include either treatment in a licensed inpatient or21
residential facility or participation in substance abuse treatment in an alcohol22
and drug abuse program provided by a drug division subject to the applicable23
provisions of R.S. 13:5301 et seq., if the offender is otherwise eligible to24
participate in such program.25
(d) It shall be the responsibility of the offender to obtain the evaluation26
and treatment plan. All costs of evaluation and treatment shall be borne by the27
offender, unless the offender has been declared indigent.28
* * *29 SB NO. 533
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Section 2. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Present law provides that persons convicted of third and subsequent offense operating a
vehicle while intoxicated who are placed on probation, in addition to other present law
requirements, are required to either undergo an evaluation by the Dept. of Health and
Hospitals, office of behavioral health, to determine the nature and extent of the offender's
substance abuse disorder and to participate in any treatment plan recommended by the office,
including treatment in an inpatient facility approved by the office, or to participate in
substance abuse treatment in an alcohol and drug abuse program provided by a drug division
pursuant to present law.
Proposed law provides that persons convicted of first or second offense operating a vehicle
while intoxicated, in addition to present law penalties, must also undergo an evaluation by
the Dept. of Health and Hospitals (DHH), office of behavioral health, to determine the nature
and extent of the offender's substance abuse disorder and to participate in any treatment plan
recommended by the office, which may include either treatment in an inpatient facility or
substance abuse treatment in an alcohol and drug abuse program provided by a drug division
pursuant to present law.
Proposed law provides that the evaluation required by proposed law is to be conducted by
DHH or by a licensed mental health professional, either as an independent practitioner or as
an employee of a provider agency, acting within the scope of his practice, to determine the
nature and extent of the offender's substance use disorder. Proposed law further provides
that DHH is to maintain information regarding best practices for the treatment of such
substance use disorders, and is to publish such information on its website. Proposed law
further provides that each licensed mental health professional conducting the evaluation
required by this Paragraph is to follow the best practices published by DHH.
Proposed law provides that DHH is to establish and maintain on its website a registry of
licensed mental health professionals who are willing to provide such evaluation services.
Proposed law provides that the licensed mental health professional is to recommend a
treatment plan based upon the evaluation, and the offender must comply with such treatment
plan. Proposed law further provides that any treatment plan recommended may include
either treatment in a licensed inpatient or residential facility or participation in substance
abuse treatment in an alcohol and drug abuse program provided by a drug division subject
to the applicable provisions of present law, if the offender is otherwise eligible to participate
in such program.
Proposed law provides that it is the offender's responsibility to obtain the evaluation and
treatment plan, and all costs of evaluation and treatment will be borne by the offender, unless
the offender has been declared indigent.
Proposed law otherwise retains present law. SB NO. 533
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Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:98(B)(1)(intro para) and (C)(1); adds R.S. 14:98(B)(3) and (C)(4))