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Prepared by Cathy R. Wells.
Gisclair HB No. 150
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
CRIME/HOMICIDE: Provides relative to the careless operation of a motor vehicle
DIGEST
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 ordered
to serve 250 hours of court-approved community service and the operator's driver's license
may 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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
reengrossed bill
1. Changes from mandatory to permissive the suspension of the operator's license.