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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 148
BY SENATOR DORSEY-COLOMB
CRIME/PUNISHMENT. Provides relative to sentencing for certain homicides when there
are multiple victims. (gov sig)
AN ACT1
To amend and reenact R.S. 14:32.1(B), relative to the crime of vehicular homicide; to2
provide relative to penalties when multiple homicides are involved in the offense;3
to provide for sentences to be served consecutively; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:32.1(B) is hereby amended and reenacted to read as follows:7
ยง32.1. Vehicular homicide8
* * *9
B. (1) Except as provided in Paragraph (2) of this Subsection, whoever10
Whoever commits the crime of vehicular homicide shall be fined not less than two11
thousand dollars nor more than fifteen thousand dollars and shall be imprisoned with12
or without hard labor for not less than five years nor more than thirty years. At least13
three years of the sentence of imprisonment shall be imposed without benefit of14
probation, parole, or suspension of sentence.15
(2) If the operator's blood alcohol concentration is 0.15 percent or more by16
weight based upon grams of alcohol per one hundred cubic centimeters of blood,17 SB NO. 148
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
then at least five years of the sentence of imprisonment shall be imposed without1
benefit of probation, parole, or suspension of sentence. If the offender was2
previously convicted of a violation of R.S. 14:98, then at least five years of the3
sentence of imprisonment shall be imposed without benefit of probation, parole, or4
suspension of sentence.5
(3) The court shall require the offender to participate in a court-approved6
substance abuse program and may require the offender to participate in a court-7
approved driver improvement program. All driver improvement courses required8
under this Section shall include instruction on railroad grade crossing safety.9
(4) When two or more homicides form the basis for a conviction under10
this Section, the offender shall be sentenced separately for each victim, and such11
sentences shall run consecutively.12
(5) For purposes of this Section, the term two or more homicides in13
Paragraph (4) of this Subsection shall include third degree feticide as defined14
in R.S. 14:32.8.15
Section 2. This Act shall become effective upon signature by the governor or, if not16
signed by the governor, upon expiration of the time for bills to become law without signature17
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If18
vetoed by the governor and subsequently approved by the legislature, this Act shall become19
effective on the day following such approval.20
The original instrument was prepared by Alden A. Clement, Jr. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Nancy Vicknair.
DIGEST
Dorsey-Colomb (SB 148)
Present law provides that whoever commits the crime of vehicular homicide is to be fined
not less than $2,000 nor more than $15,000 and imprisoned with or without hard labor for
not less than five years nor more than 30 years. Present law further provides that at least
three years of the sentence of imprisonment is to be imposed without benefit of probation,
parole, or suspension of sentence.
Present law provides that if the operator's blood alcohol concentration is 0.15 percent or
more by weight based upon grams of alcohol per 100 cubic centimeters of blood, then at
least five years of the sentence of imprisonment is to be imposed without benefit of
probation, parole, or suspension of sentence. SB NO. 148
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Present law provides that if the offender was previously convicted of a violation of the
present law crime of operating a vehicle while intoxicated, then at least five years of the
sentence of imprisonment is to be imposed without benefit of probation, parole, or
suspension of sentence.
Present law provides that the court is to require the offender to participate in a court-
approved substance abuse program and may require the offender to participate in a court-
approved driver improvement program. Present law further provides that all driver
improvement courses required under present law are to include instruction on railroad grade
crossing safety.
Proposed law retains present law and adds that when two or more homicides, including an
unborn child as set forth in the crime of third degree feticide under present law, form the
basis for a conviction under present law, the offender is to be sentenced separately for each
victim, and such sentences are to run consecutively.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:32.1(B))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Adds sentencing for multiple victims of third degree feticide to proposed law.
Senate Floor Amendments to engrossed bill
1. Makes technical changes.