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 because
of 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 because of 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))
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.
House Floor Amendments to the engrossed bill.
1. Made technical corrections.