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Regular Session, 2014
HOUSE BILL NO. 150
BY REPRESENTATIVE GISCLAIR
CRIME/HOMICIDE: Provides relative to the careless operation of a motor vehicle
AN ACT1
To amend and reenact R.S. 32:58 and to enact R.S. 32:414(W), relative to careless operation2
of a motor vehicle; to provide relative to the prohibition on careless operation of a3
motor vehicle when the operator fails to maintain control of the vehicle by falling4
asleep; to provide for penalties relative to violations of such prohibitions; to provide5
for the suspension of driving privileges; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 32:58 is hereby amended and reenacted and R.S. 32:414(W) is8
hereby enacted to read as follows:9
§58. Careless operation10
A. Any person operating a motor vehicle on the public roads of this state11
shall drive in a careful and prudent manner, so as not to endanger the life, limb, or12
property of any person. Failure to drive in such a manner shall constitute careless13
operation.14
B. If the careless operation of the motor vehicle directly or proximately15
causes the death of a human being, when the operator fails to maintain control of the16
vehicle by falling asleep, in addition to any penalties provided by the provision of17
this Title, the person shall also be ordered to serve court-approved community18 HLS 14RS-409 ENGROSSED
HB NO. 150
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service for not more than two hundred fifty hours and the department shall suspend1
the operator's license for a period of two years.2
* * *3
§414. Suspension, revocation, renewal, and cancellation of licenses; judicial review4
* * *5
W. The department shall suspend the license of any person for a period of6
two years upon receiving satisfactory evidence of a conviction, plea of guilty, or plea7
of nolo contendere for a violation of R.S. 32:58 when the operator fails to maintain8
control of the vehicle by falling asleep and when such operation directly or9
proximately causes the death of a human being.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: Amends careless operation of a motor vehicle to include specific penalties for
the commission of such offense when the operator causes the death of human being
by falling asleep.
Present law provides that any person operating a motor vehicle on the public roads of this
state shall drive in a careful and prudent manner, so as not to endanger the life, limb, or
property of any person. Failure to drive in such a manner shall constitute careless operation.
Present law (R.S. 32:57) provides for the following penalties for careless operation of a
motor vehicle:
(1)First violation - A fine of not more than $175, imprisonment for not more than 30
days, or both.
(2)A subsequent violation - A fine of not more than $500, imprisonment for not more
than 90 days, or both.
Proposed law retains present law and provides that when the careless operation of a motor
vehicle proximately or directly causes the death of human being when the operator fails to
maintain control of the motor vehicle by falling asleep, the operator shall be subject to the
following additional penalties:
(1)The operator shall be ordered to serve 250 hours of court-approved community
service.
(2)The operator's driver's license shall be suspended for a period of two years.
(Amends R.S. 32:58; Adds R.S. 32:414(W)) HLS 14RS-409 ENGROSSED
HB NO. 150
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Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Deleted proposed law provision which creates the crime of involuntary vehicular
homicide.
2. Added provision which amends the present law prohibition on careless operation
of a motor vehicle to provide additional penalties for commission of such offense
when the operator fails to maintain control of the motor vehicle by falling asleep
and results in the death of a human being.