HLS 14RS-409 ORIGINAL Page 1 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2014 HOUSE BILL NO. 150 BY REPRESENTATIVE GISCLAIR CRIME/HOMICIDE: Creates the crime of involuntary vehicular homicide AN ACT1 To amend and reenact R.S. 14:29(introductory paragraph) and to enact R.S. 14:29(6) and2 32.2 and R.S. 32:414(W), relative to homicide; to provide for the crime of3 involuntary vehicular homicide; to provide for elements of the crime; to provide for4 criminal penalties; to provide for suspension of driving penalties; and to provide for5 related matters.6 Be it enacted by the Legislature of Louisiana:7 Section 1. R.S. 14:29(introductory paragraph) is hereby amended and reenacted and8 R.S. 14:29(6) and 32.2 are hereby enacted to read as follows: 9 §29. Homicide10 Homicide is the killing of a human being by the act, procurement, or culpable11 omission of another. Criminal homicide is of five six grades:12 * * *13 (6) Involuntary vehicular homicide.14 * * *15 §32.2. Involuntary vehicular homicide16 A. Involuntary vehicular homicide is the killing of a human being caused17 proximately or directly by an offender engaged in the operation of, or in actual18 physical control of, any motor vehicle, aircraft, watercraft, or other means of19 HLS 14RS-409 ORIGINAL HB NO. 150 Page 2 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. conveyance when the operator fails to maintain control of the vehicle by falling1 asleep whether or not the offender has the intent to cause death or great bodily harm.2 B. Whoever violates the provisions of this Section shall be ordered to serve3 court-approved community service for not more than two hundred fifty hours.4 Section 2. R.S. 32:414(W) is hereby enacted to read as follows:5 §414. Suspension, revocation, renewal, and cancellation of licenses; judicial review6 * * *7 W. The department shall suspend the license of any person for a period of8 two years upon notification that the person has been convicted of involuntary9 vehicular homicide as provided in R.S. 14:32.2.10 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Gisclair HB No. 150 Abstract: Provides for the crime of involuntary vehicular homicide and provides for penalties including court-ordered community service and a two-year suspension of driving privileges. Present law provides that homicide consists of five grades: first degree murder, second degree murder, manslaughter, negligent homicide, and vehicular homicide. Proposed law adds involuntary vehicular homicide to present law. Proposed law creates the crime of involuntary vehicular homicide and defines it as the killing of a person caused proximately or directly by an offender engaged in the operation of a vehicle when the operator fails to maintain control of the vehicle by falling asleep, regardless of whether or not the offender has the intent to cause death or great bodily harm. Proposed law penalties include court-approved community service for a maximum of 250 hours and a two-year suspension of driving privileges. (Amends R.S. 14:29(intro. para.); Adds R.S. 14:29(6) and 32.2 and R.S. 32:414(W))