Louisiana 2014 2014 Regular Session

Louisiana House Bill HB960 Introduced / Bill

                    HLS 14RS-1465	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 960
BY REPRESENTATIVE GAROFALO
MTR VEHICLE/VIOLATIONS:  Provides for notifications to habitual offenders
AN ACT1
To amend and reenact R.S. 32:1475, relative to habitual offenders; to provide for2
notification to habitual offenders; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1.  R.S. 32:1475 is hereby amended and reenacted to read as follows:5
ยง1475.  Service of petition; order to show cause6
The department shall issue a written notice along with a copy of the abstract7
to the person named in the abstract, advising him his driving privileges will be8
revoked as a habitual offender. directing him to show cause why he should not be9
declared a habitual offender.  The notice shall state the time, place, and cause of the10
hearing which shall not be less than ten nor more than thirty calendar days from the11
date of the notice.  advise the person that he has no more than thirty days from the12
date of notice to contest the habitual offender status by requesting an administrative13
hearing. All notices shall be served on sent by certified mail return receipt requested14
marked by the United States Post Office to the person named in the abstract in15
accordance with R.S. 32:6.  The department's abstract derived from the records16
regarding the person's driver history shall be prima facie proof of the convictions17
used as the basis for determining the person is a habitual offender.18 HLS 14RS-1465	ORIGINAL
HB NO. 960
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
Garofalo	HB No. 960
Abstract: Provides for notifications for a habitual offender.
Present law provides that the department shall issue a written notice and a copy of the
abstract to the person named in the abstract directing him to show cause why he should not
be declared a habitual offender.
Proposed law provides that the department shall issue a written notice and a copy of the
abstract to the person named in the abstract advising him his driving privileges will be
revoked as a habitual offender.
Present law provides that the notice shall state the time, place, and cause of the hearing
which shall be not less than ten nor more than 30 calendar days from the date of the notice.
Proposed law provides that the notice shall advise the person that he has no more than 30
days from the date of the notice to contest the habitual offender status by requesting an
administrative hearing.
Present law provides that all notices shall be served on the person named in the abstract in
accordance with R.S. 32:6.
Proposed law provides that all notices shall be sent by certified mail return receipt requested
marked by the U.S. Post Office to the person named in the abstract. Also provides that the
department's abstract derived from the records regarding the person's driver history shall be
prima facie proof of the convictions used as the basis for determining the person is a habitual
offender.
(Amends R.S. 32:1475)