RDCSB148 2697 4174
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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)]
Dorsey-Colomb SB No. 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.
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 (C.Cr.P. Art. 883) provides that if a defendant is convicted of two or more
offenses based on the same act or transaction, or constituting parts of a common scheme or
plan, the terms of imprisonment shall be served concurrently unless the court expressly
directs that some or all be served consecutively.
Proposed law amends present law to provide that notwithstanding present law (C.Cr.P. Art.
883), if the offense of vehicular homicide for which the offender was convicted proximately
or directly causes the death of two or more human beings, including the killing of any
unborn child, the offender shall be sentenced separately for each victim, and such sentences
shall run consecutively.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 14:32.1(C))
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.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the reengrossed bill.
1. Amended the provisions of proposed law to provide that proposed law shall
apply notwithstanding the provisions of present law which require sentences
imposed for convictions of two or more offenses which are based on the same act
or transaction, or which constitute parts of a common scheme or plan, to be
served concurrently. RDCSB148 2697 4174
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2. Made technical corrections.