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Regular Session, 2012
SENATE BILL NO. 533
BY SENATOR MILLS
DWI. Provides relative to substance abuse evaluations of persons convicted of DWI.
(gov sig)
AN ACT1
To amend and reenact the introductory paragraph of R.S. 14:98(B)(1), (B)(1)(a) and (b),2
(C)(1), (D)(1)(b)(i), and (E)(1)(b)(i), and to enact R.S. 14:98(B)(3), (C)(4), (D)(4),3
and (E)(4), relative to the crime of operating a vehicle while intoxicated; to provide4
relative to penalties for operating a vehicle while intoxicated; to require a person5
convicted of operating a vehicle while intoxicated to be evaluated to determine the6
nature and extent of the offender's substance use disorder and to participate in a7
treatment plan; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. The introductory paragraph of R.S. 14:98(B)(1), (B)(1)(a) and (b), (C)(1),10
(D)(1)(b)(i), and (E)(1)(b)(i) are hereby amended and reenacted and R.S. 14:98(B)(3),11
(C)(4), (D)(4), and (E)(4) are hereby enacted to read as follows:12
ยง98. Operating a vehicle while intoxicated13
* * *14
B.(1) On a first conviction, notwithstanding any other provision of law to the15
contrary, the offender shall be fined not less than three hundred dollars nor more than16
one thousand dollars, and shall be imprisoned for not less than ten days nor more17 SB NO. 533
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than six months, and shall be ordered to undergo an evaluation and, at the1
discretion of the court, participate in a treatment program as provided in2
Paragraph (3) of this Subsection. Imposition or execution of sentence shall not be3
suspended unless:4
(a) The offender is placed on probation with a minimum condition that he5
serve two days in jail, undergo an evaluation and treatment as provided in6
Paragraph (1) of this Subsection, and participate in a court-approved substance7
abuse program pursuant to Subparagraph (3)(a) of this Subsection, and8
participate in a court-approved driver improvement program; or9
(b) The offender is placed on probation with a minimum condition that he10
perform four eight-hour days of court-approved community service activities, at least11
half of which shall consist of participation in a litter abatement or collection12
program, undergo an evaluation and treatment as provided in Paragraph (1) of13
this Subsection, participate in a court-approved substance abuse program pursuant14
to Subparagraph (3)(a) of this Subsection, and participate in a court-approved15
driver improvement program. An offender, who participates in a litter abatement or16
collection program pursuant to this Subparagraph, shall have no cause of action for17
damages against the entity conducting the program or supervising his participation18
therein, including a municipality, parish, sheriff, or other entity, nor against any19
official, employee, or agent of such entity, for any injury or loss suffered by him20
during or arising out of his participation in the program, if such injury or loss is a21
direct result of the lack of supervision or act or omission of the supervisor, unless the22
injury or loss was caused by the intentional or grossly negligent act or omission of23
the entity or its official, employee, or agent.24
* * *25
(3)(a) The evaluation required by Paragraph (1) of this Subsection shall26
be conducted by the Department of Health and Hospitals, office of behavioral27
health, or by a licensed mental health professional, either as an independent28
practitioner or as an employee of a provider agency, acting within the scope of29
his practice, to determine the nature and extent of the offender's substance use30 SB NO. 533
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disorder. The Department of Health and Hospitals, office of behavioral health,1
shall maintain information regarding best practices for the treatment of such2
substance use disorders, and shall publish such information on its website.3
Each licensed mental health professional conducting the evaluation required by4
this Paragraph shall follow the best practices published by the Department of5
Health and Hospitals, office of behavioral health.6
(b) The Department of Health and Hospitals, office of behavioral health,7
shall establish and maintain on its website a registry of licensed mental health8
professionals who are willing to provide such evaluation services.9
(c) The licensed mental health professional shall recommend a treatment10
plan based upon the evaluation, and the offender shall comply with such11
treatment plan. Any treatment plan recommended pursuant to Paragraph (1)12
of this Subsection may include either treatment in a licensed inpatient or13
residential facility or participation in substance abuse treatment in an alcohol14
and drug abuse program provided by a drug division subject to the applicable15
provisions of R.S. 13:5301 et seq., if the offender is otherwise eligible to16
participate in such program.17
(d) It shall be the responsibility of the offender to obtain the evaluation18
and treatment. All costs of evaluation and treatment shall be borne by the19
offender, unless the offender has been declared indigent.20
C.(1) On a conviction of a second offense, notwithstanding any other21
provision of law to the contrary except as provided in Paragraph (3) of this22
Subsection, regardless of whether the second offense occurred before or after the23
first conviction, the offender shall be fined not less than seven hundred fifty dollars,24
nor more than one thousand dollars, and shall be imprisoned for not less than thirty25
days nor more than six months, and shall be ordered to undergo an evaluation26
and participate in a treatment program as provided in Paragraph (4) of this27
Subsection. At least forty-eight hours of the sentence imposed shall be served28
without benefit of parole, probation, or suspension of sentence. Nothing herein shall29
prohibit a court from sentencing a defendant to home incarceration, if otherwise30 SB NO. 533
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allowed under the provisions of Article 894.2 of the Code of Criminal Procedure.1
Imposition or execution of the remainder of the sentence shall not be suspended2
unless:3
(a) The offender is placed on probation with a minimum condition that he4
serve fifteen days in jail, undergo an evaluation and treatment as provided in5
Paragraph (1) of this Subsection, and participate in a court-approved substance6
abuse program pursuant to Subparagraph (4)(a) of this Subsection and participate7
in a court-approved driver improvement program; or8
(b) The offender is placed on probation with a minimum condition that he9
perform thirty eight-hour days of court-approved community service activities, at10
least half of which shall consist of participation in a litter abatement or collection11
program, undergo an evaluation and treatment as provided in Paragraph (1) of12
this Subsection, and participate in a court-approved substance abuse program13
pursuant to Subparagraph (4)(a) of this Subsection, and participate in a court-14
approved driver improvement program. An offender, who participates in a litter15
abatement or collection program pursuant to this Subparagraph, shall have no cause16
of action for damages against the entity conducting the program or supervising his17
participation therein, including a municipality, parish, sheriff, or other entity, nor18
against any official, employee, or agent of such entity, for any injury or loss suffered19
by him during or arising out of his participation therein, if such injury or loss is a20
direct result of the lack of supervision or act or omission of the supervisor, unless the21
injury or loss was caused by the intentional or grossly negligent act or omission of22
the entity or its official, employee, or agent.23
* * *24
(4)(a) The evaluation required by Paragraph (1) of this Subsection shall25
be conducted by the Department of Health and Hospitals, office of behavioral26
health, or by a licensed mental health professional, either as an independent27
practitioner or as an employee of a provider agency, acting within the scope of28
his practice, to determine the nature and extent of the offender's substance use29
disorder. The Department of Health and Hospitals, office of behavioral health,30 SB NO. 533
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shall maintain information regarding best practices for the treatment of such1
substance use disorders, and shall publish such information on its website.2
Each licensed mental health professional conducting the evaluation required by3
this Paragraph shall follow the best practices published by the Department of4
Health and Hospitals, office of behavioral health.5
(b) The Department of Health and Hospitals, office of behavioral health,6
shall establish and maintain on its website a registry of licensed mental health7
professionals who are willing to provide such evaluation services.8
(c) The licensed mental health professional shall recommend a treatment9
plan based upon the evaluation, and the offender shall comply with such10
treatment plan. Any treatment plan recommended pursuant to Paragraph (1)11
of this Subsection may include either treatment in a licensed inpatient or12
residential facility or participation in substance abuse treatment in an alcohol13
and drug abuse program provided by a drug division subject to the applicable14
provisions of R.S. 13:5301 et seq., if the offender is otherwise eligible to15
participate in such program.16
(d) It shall be the responsibility of the offender to obtain the evaluation17
and treatment. All costs of evaluation and treatment shall be borne by the18
offender, unless the offender has been declared indigent.19
* * *20
D.(1)(a) * * *21
(b) Any offender placed on probation pursuant to the provisions of this22
Subsection shall be required as a condition of probation to participate in thirty eight-23
hour days of court-approved community service activities and to submit to and24
complete either of the following requirements:25
(i) To immediately undergo an evaluation by a licensed mental health26
professional, who is an employee of the Department of Health and Hospitals, office27
of behavioral health, following the best practices published by the office of28
behavioral health, to determine the nature and extent of the offender's substance29
abuse disorder and to participate in any treatment plan recommended by the office30 SB NO. 533
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of behavioral health, including treatment in an inpatient facility approved by the1
office for a period of not less than four weeks followed by outpatient treatment2
services for a period not to exceed twelve months, or as determined by medical3
necessity criteria.4
* * *5
(4) It shall be the responsibility of the offender to obtain the evaluation6
and treatment. All costs of evaluation and treatment shall be borne by the7
offender, unless the offender has been declared indigent.8
* * *9
E.(1)(a) * * *10
(b) Any offender placed on probation pursuant to the provisions of this11
Subsection shall be required, as a condition of probation, to participate in forty eight-12
hour days of court-approved community service activities and to submit to and13
complete either of the following requirements:14
(i) To immediately undergo an evaluation by a licensed mental health15
professional, who is an employee of the Department of Health and Hospitals, office16
of behavioral health, following the best practices published by the office of17
behavioral health, to determine the nature and extent of the offender's substance18
abuse disorder and to participate in any treatment plan recommended by the office19
of behavioral health, including treatment in an inpatient facility approved by the20
office for a period of not less than four weeks followed by outpatient treatment21
services for a period not to exceed twelve months, or as determined by medical22
necessity criteria.23
* * *24
(4) It shall be the responsibility of the offender to obtain the evaluation25
and treatment. All costs of evaluation and treatment shall be borne by the26
offender, unless the offender has been declared indigent.27
* * *28
Section 2. This Act shall become effective upon signature by the governor or, if not29
signed by the governor, upon expiration of the time for bills to become law without signature30 SB NO. 533
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by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If1
vetoed by the governor and subsequently approved by the legislature, this Act shall become2
effective on the day following such approval.3
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Mills (SB 533)
Present law provides relative to the crime of operating a vehicle while intoxicated and
provides penalties.
Proposed law provides that persons convicted of first offense operating a vehicle while
intoxicated, in addition to present law penalties, at the court's discretion are to 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 program 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 further provides that first
offenders who are placed on probation under certain circumstances are also required to
undergo an evaluation by DHH.
Proposed law provides that persons convicted of 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
program 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 further provides that second offenders
who are placed on probation under certain circumstances are also required to undergo an
evaluation by DHH.
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 SB NO. 533
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the offender has been declared indigent.
Proposed law otherwise retains present law.
Present law provides that persons convicted of third and fourth 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 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, 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 retains present law and adds that it is the responsibility of the offender to
obtain the evaluation and treatment, and to bear all costs of evaluation and treatment unless
the offender has been declared indigent.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:98(B)(1)(intro para), (B)(1)(a) and (b), (C)(1), (D)(1)(b)(i), and
(E)(1)(b)(i); adds R.S. 14:98(B)(3), (C)(4), (D)(4), and (E)(4))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Provides that evaluations of DWI first offenders by DHH are to be at the
discretion of the court.
2. Adds that DWI first offenders who are placed on probation under certain
conditions are also required to undergo an evaluation by DHH.
3. Adds provisions relative to substance abuse evaluations for persons
convicted of 3
rd
and 4
th
offense DWI.
4. Adds provision that persons convicted of 3
rd
and 4
th
offense DWI are
responsible for obtaining the DHH evaluation and treatment and for all costs
unless the person is indigent.