Louisiana 2013 Regular Session

Louisiana Senate Bill SB103 Latest Draft

Bill / Chaptered Version

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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, 2013	ENROLLED
SENATE BILL NO. 103
BY SENATOR WHITE 
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact the introductory paragraph of R.S. 32:415.1(A)(1) and to enact R.S.2
32:415.1(A)(3), relative to drivers licenses; to provide for issuance of a restricted3
license for economic and medical hardship under certain conditions; and to provide4
for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. The introductory paragraph of R.S. 32:415.1(A)(1) is hereby amended and7
reenacted and R.S. 32:415.1(A)(3) is hereby enacted to read as follows:8
ยง415.1. Economic and medical hardship appeal of driver's license suspension9
A.(1)  Except as provided in R.S. 32:378.2(A), 414, and 415(B)(2), and10
Paragraph (3) of this Subsection, upon suspension, revocation, or cancellation of11
a person's driver's license for the first time only as provided for under R.S. 32:41412
and 415, the person, after initial notice from the department, shall have the right to13
apply to the department for a restricted license. In the event that the department fails14
or refuses to issue the restricted license, the person shall have the right to file a15
petition for a restricted driver's license in the district court of the parish in which the16
applicant is domiciled. Such application or petition for a restricted license shall17
allege that revocation of his driving privileges will deprive him or his family of the18
necessities of life, will prevent him from earning a livelihood, or prevent him from19
obtaining proper medical treatment if disabled.  The district court is vested with20
jurisdiction to set the matter for contradictory hearing in open court upon ten days21
written notice to the department, and thereupon to determine whether the allegations22
of hardship have merit. Upon determination by the department or the court that the23
ACT No. 213 SB NO. 103	ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
lack of a license would deprive the person or his family of the necessities of life or1
prevent the licensee from obtaining proper medical treatment if disabled, the2
department may grant or the court may order that the person be granted, by the3
department, a restricted license to enable the person to continue to support his family4
or to obtain such medical treatment as provided for in this Section. The restrictions5
of said license shall be determined by the department or the court and shall include6
the following:7
*          *          *8
(3)  Any person whose driver's license is suspended, revoked, or9
cancelled for a first or subsequent violation of R.S. 32:415 may apply to the10
department or petition the district court for a restricted license as provided for11
in this Section if the original suspension, revocation, or cancellation of the12
driver's license resulted from a violation of R.S. 32:57.1.13
*          *          *14
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: