RDCSB277 2697 4179
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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)]
Perry SB No. 277
Present law defines the crime of operating a vehicle while intoxicated (DWI) as the
operating of any motor vehicle under any of the following conditions:
(1)The operator is under the influence of alcoholic beverages.
(2)The operator is under the influence of a controlled dangerous substance.
(3)The operator is under the influence of one or more drugs that are not controlled
dangerous substances, whether alone or in combination with alcohol.
(4)The operator's blood alcohol concentration (BAC) is 0.08% or more by weight based
on grams of alcohol per 100 cubic centimeters of blood.
Proposed law retains present law.
Present law (Child Endangerment Law) provides that when the state proves that a minor
child 12 years of age or younger was a passenger in the vehicle, the mandatory minimum
sentences for DWI first, second, and third DWI offenses cannot be suspended and at least
two years shall be served without benefit of suspension of sentence for a fourth or
subsequent DWI offense.
Proposed law retains present law relative to first, second, and third DWI offenses. For fourth
and subsequent DWI offenses, proposed law amends present law to provide that the
mandatory minimum sentence imposed for such offenses shall not be suspended.
Present law provides that a "prior conviction" for purposes of present law DWI sentencing
provisions includes a conviction for the present law crimes of DWI, vehicular homicide,
vehicular negligent injuring, first degree vehicular negligent injuring, or a conviction under
the laws of any other jurisdiction that prohibits the operation of a vehicle while impaired or
under the influence of alcohol, drugs, or any controlled dangerous substance. Present law
further provides that a "prior conviction" does not include a conviction for an offense
committed more than ten years prior to the commission of the crime for which the defendant
is being tried. Present law further provides that periods of time during which the offender
was awaiting trial, on parole or probation, under an order of attachment for failure to appear,
or incarcerated are to be excluded in computing the ten-year period.
Proposed law retains present law and adds the present law crime of third degree feticide to
the list of crimes constituting a prior conviction.
Present law provides that a conviction of a third or subsequent offense DWI is presumptive
evidence of the existence of a substance abuse disorder in the offender that poses a serious
threat to the health and safety of the public.
Proposed law retains present law.
Present law provides that if an offender placed on probation for a conviction of DWI fails
to complete required substance abuse treatment, or fails to participate in a driver
improvement program, or violates any other condition of probation, the offender's probation
may be revoked, and he may be ordered to serve the balance of the sentence of imprisonment
without credit for time served under home incarceration.
Proposed law retains present law. RDCSB277 2697 4179
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Present law provides that on a conviction of a first offense DWI, the offender is to be fined
between $300 and $1,000, and imprisoned for not less than ten days nor more than six
months. Present law further provides that imposition or execution of sentence can be
suspended under certain circumstances provided for by present law, including serving 48
hours in jail or performing at least four eight-hour days of community service, half of which
must consist of litter abatement or collection.
Proposed law retains present law but changes the requirement of community service from
four eight-hour days to 32 hours. Proposed law also adds the requirement of participation
in a court-approved substance abuse program, which may include an assessment to
determine if the offender has a substance abuse disorder. Proposed law further provides that
the court may require an ignition interlock device be installed on the offender's vehicle.
Present law requires that on a conviction of a first offense DWI, if the offender had a BAC
of 0.15% or more, then at least 48 hours of the sentence must be served without the benefit
of parole, probation, or suspension of sentence. Present law further requires that if the
offender had a BAC of 0.20% or more, then he is to be fined between $750 and $1,000 and
serve at least 48 hours of the sentence without the benefit of parole, probation, or suspension
of sentence.
Proposed law retains present law.
Present law provides that on a conviction of a first offense DWI when the offender's BAC
was 0.20% or more, the offender's driver's license is to be suspended for two years. Present
law further allows the offender to obtain a restricted driver's license upon proof to the Dept.
of Public Safety and Corrections (DPS&C) that he has installed an ignition interlock device
on his vehicle.
Proposed law retains present law.
Present law provides that all or part of the offender's sentence may be served under home
incarceration.
Proposed law retains present law.
Proposed law provides that the total period of imprisonment for first offense DWI, including
imprisonment for default in payment of a fine or costs, cannot exceed six months.
Present law provides that on a conviction of a second offense DWI, regardless of whether
the second offense occurred before or after the first conviction, the offender is to be fined
between $750 and $1,000, and imprisoned for not less than 30 days nor more than six
months. Present law further provides that at least 48 hours of the sentence is to be served
without benefit of parole, probation, or suspension of sentence. Present law further provides
that the offender may be sentenced to home incarceration, and provides that imposition or
execution of the remainder of the sentence over 48 hours can be suspended under certain
circumstances provided for by present law, including serving 15 days in jail or performing
at least 30 eight-hour days of community service, half of which must consist of litter
abatement or collection, participating in a court-approved substance abuse program, and
participating in a court-approved driver improvement program.
Proposed law requires a minimum of 15 days in jail rather than a fixed period of 15 days in
jail as provided for by present law. Proposed law provides that the total period of
imprisonment for first offense DWI, including imprisonment for default in payment of a fine
or costs, cannot exceed six months. Proposed law further provides that the substance abuse
program provided for by present law may include assessment to determine if the offender
has a substance abuse disorder. Proposed law further provides that the court is to require an
ignition interlock device be installed on the offender's vehicle for at least six months.
Proposed law otherwise retains present law.
Present law requires that on a conviction of a second offense DWI, if the offender had a
BAC of 0.15% or more, then at least 96 hours of the sentence must be served without the RDCSB277 2697 4179
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benefit of parole, probation, or suspension of sentence. Present law further requires that if
the offender had a BAC of 0.20% or more, then he is to be fined $1,000 and serve at least
96 hours of the sentence without the benefit of parole, probation, or suspension of sentence.
Proposed law retains present law.
Present law provides that on a conviction of a second offense DWI when the offender's BAC
was 0.20% or more, the offender's driver's license is to be suspended for four years. Present
law further requires the installation of an ignition interlock device on the offender's vehicle.
Present law further allows the offender to obtain a restricted driver's license upon proof to
DPS&C that the ignition interlock device has been installed on the offender's vehicle.
Proposed law retains present law.
Present law provides that on a conviction of a second offense DWI when the arrest for the
second offense occurs within one year of the commission of the first offense, the offender
is to be imprisoned for 30 days without benefit of parole, probation, or suspension of
sentence and must participate in a court-approved substance abuse program and in a court-
approved driver improvement program.
Proposed law retains present law and clarifies that the defendant convicted of a second
offense within one year of the first offense is also to be fined $1,000.
Present law provides that all or part of the offender's sentence for a second offense DWI may
be served under home incarceration if otherwise allowed under present law relative to home
incarceration generally.
Proposed law retains present law.
Present law provides that on a conviction of a second offense DWI when the first offense
was for the present law crime of vehicular homicide or first degree vehicular negligent
injuring, the offender is to be fined $2,000 and imprisoned, with or without hard labor, for
not less than one year nor more than five years, at least six months of which must be without
benefit of parole, probation, or suspension of sentence. Present law further provides that the
remainder of the sentence may be suspended if the offender is placed on probation with the
requirements that he serve 15 days in jail and participate in a court-approved substance abuse
program and a court-approved driver improvement program, or perform 30 eight-hour days
of community service.
Proposed law retains present law and adds the present law crime of third degree feticide to
the list of crimes resulting in an enhanced sentence for second offense DWI. Proposed law
adds that the substance abuse program provided for by present law may include an
assessment to determine if the offender has a substance abuse disorder. Proposed law also
adds that an offender placed on probation must be placed in a home incarceration program
for at least six months.
Present law provides that on a conviction of a third offense DWI, regardless of whether the
third offense occurred before or after an earlier conviction, the offender is to be fined $2,000
and imprisoned, with or without hard labor, for between one and five years, with one year
of the sentence served without benefit of parole, probation, or suspension of sentence.
Present law further provides that the one-year mandatory minimum sentence can be
suspended if the offender is accepted into a drug division program as provided for by present
law.
Present law further provides that the remainder of the sentence can be suspended and the
offender placed on supervised probation with DPS&C for the remainder of the sentence,
with the conditions that the offender participate in 30 eight-hour days of court-approved
community service and either undergo an evaluation by the Dept. of Health and Hospitals
(DHH) to determine the nature and extent of the offender's substance abuse disorder and
participate in any recommended treatment plan, or participate in substance abuse treatment
in a program provided by a drug division pursuant to present law. Present law further
requires an offender placed on probation pursuant to present law be placed in a home RDCSB277 2697 4179
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incarceration program for at least six months. Present law further provides that the
offender's vehicle may be seized and sold pursuant to present law.
Proposed law retains present law but changes the community service requirement from 30
eight-hour days to 240 hours.
Present law requires that an ignition interlock device be installed on the offender's vehicle
and allows the offender to obtain a restricted driver's license.
Proposed law retains present law.
Proposed law provides that if the offender convicted of a third offense DWI has previously
received the benefit of parole, probation, or suspension of sentence, then on a subsequent
conviction the offender is to be fined $2,000 and imprisoned at hard labor for between two
and five years. Proposed law further provides that at least two years of the sentence must
be served without benefit of parole, probation, or suspension of sentence. Proposed law
further provides that such offender cannot be sentenced to home incarceration unless certain
proposed law conditions are met.
Present law provides that on a third or subsequent conviction of DWI, in addition to any
other sentence, the court is to order, upon motion of the prosecuting district attorney, that
the vehicle being operated by the offender at the time of the offense be seized and
impounded, and sold at auction in accordance with present law. Present law further provides
that the proceeds of the sale are to be used first to pay court costs and towing and storage
costs, and the remainder is to be allocated pursuant to present law.
Proposed law retains present law.
Present law provides that on a conviction of a fourth offense DWI or subsequent DWI
offense, regardless of whether the fourth or subsequent offense occurred before or after an
earlier conviction, the offender is to be fined $5,000 and imprisoned, with or without hard
labor, for between ten and 30 years, with two years of the sentence served without benefit
of parole, probation, or suspension of sentence. Present law further provides that the two-
year mandatory minimum sentence can be suspended if the offender is accepted into a drug
division program as provided for by present law.
Proposed law retains present law and adds that the mandatory minimum sentence of two
years for fourth offense DWI cannot be served on home incarceration.
Present law provides that if the offender has previously participated in a drug division
probation program pursuant to present law pursuant to a sentence imposed on a third or
subsequent offense DWI conviction, then three years of the sentence must be imposed
without benefit of parole, probation, or suspension of sentence.
Proposed law retains present law and adds that the offender is not to be eligible to have the
mandatory portion of his sentence suspended because of his participation in a drug division
program.
Present law provides that the court may suspend all or any part of the remainder of the
sentence of imprisonment, provided that the offender is placed on supervised probation with
DPS&C for a period of five years, participate in 40 eight-hour days of court-approved
community service, be placed in a home incarceration program, and submit to either an
evaluation by DHH and participate in any treatment plan recommended or participate in
substance abuse treatment in a program provided by a drug division pursuant to present law.
Proposed law retains present law but changes the requirement of community service from
40 eight-hour days to 320 hours.
Present law requires the installation of an ignition interlock device on the offender's vehicle.
Present law further allows the offender to obtain a restricted driver's license after one year
of suspension upon proof to DPS&C that the ignition interlock device has been installed on
the offender's vehicle. RDCSB277 2697 4179
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Proposed law retains present law.
Present law provides that if the offender has previously been required to participate in
substance abuse treatment or home incarceration pursuant to a sentence imposed on a
conviction of a third offense DWI violation, then on a conviction of a fourth or subsequent
offense the offender is to be imprisoned at hard labor for not less than ten nor more than 30
years, at least three years of which are to be imposed without benefit of parole, probation,
or suspension of sentence. Present law further provides that the offender is not eligible to
have the mandatory portion of his sentence suspended because of his participation in a drug
division program and the mandatory minimum sentence cannot be served on home
incarceration.
Proposed law retains present law except to change the mandatory minimum sentence from
three years to five years and adds a fine of $5,000.
Present law provides that if the remainder of the sentence is suspended, the offender is to be
placed on supervised probation with DPS&C for a period of five years but the offender
cannot be sentenced to substance abuse treatment.
Proposed law retains present law and adds that nothing in proposed law prohibits the court
from ordering substance abuse treatment if it determines that the offender is able to pay for
the substance abuse treatment.
Present law provides that if the offender has previously received the benefit of suspension
of sentence, probation, or parole on a conviction of a fourth or subsequent offense DWI, then
on a subsequent conviction of a fourth or greater offense, the offender is to be imprisoned
at hard labor for between ten and 30 years.
Proposed law retains present law and adds a fine of $5,000.
Present law provides that the offender's vehicle may be seized and sold pursuant to present
law.
Proposed law retains present law.
Present law provides that the state will pay the costs of substance abuse treatment.
Proposed law provides that the state will pay the costs of substance abuse treatment only on
third and subsequent DWI convictions, except where imposed as a condition of probation.
Proposed law provides that for felony DWI violations, the mandatory minimum sentence
imposed by the court cannot be served on home incarceration unless either DPS&C
recommends home incarceration and specific conditions of that home incarceration, or the
district attorney recommends home incarceration.
Present law provides that except as otherwise provided by present law, on a misdemeanor
DWI violation or on a felony DWI violation after the offender has served the mandatory
minimum sentence, the court may sentence the offender to home incarceration. Present law
further provides that when the court sentences an offender to home incarceration, the
offender is subject to special conditions to be determined by the court, including electronic
monitoring, curfew restrictions, obtaining employment, and participation in a court-approved
driver improvement program.
Proposed law retains present law and adds that the court may also order nonelectronic
monitored home incarceration as a condition of probation for a first or second conviction
where the period of home incarceration is less than five days.
Present law provides that the activities of the offender outside of his home are to be limited
to traveling to and from work, church services, Alcoholics Anonymous meetings, and a
court-approved driver improvement program. RDCSB277 2697 4179
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Proposed law retains present law and adds Narcotics Anonymous meetings and other
secular-based addiction recovery group meetings, accredited educational institutions,
meetings with a probation or parole officer, court-ordered community service activities, and
court-ordered substance abuse treatments to the list of approved activities outside the home
during the period of home incarceration.
Proposed law provides that an offender who has been convicted of any second violation of
any state or local law or ordinance prohibiting operating a vehicle while intoxicated,
committed within five years of the commission of any prior DWI violation, is not eligible
for home incarceration until the offender has first served a minimum of 48 consecutive hours
of imprisonment.
Present law provides that when the offender is on probation for a third or subsequent offense,
or on a second offense with home incarceration, a home visitation is to be conducted at least
once per month by DPS&C for the first six months, and after the first six months, the level
of supervision is to be determined based upon a risk assessment instrument.
Proposed law retains present law.
Present law provides that an offender who is ordered to install an ignition interlock device
as a condition of probation cannot operate, rent, lease, or borrow a motor vehicle unless that
vehicle is equipped with a functioning ignition interlock device, or request another person
to blow into an ignition interlock device or to start a vehicle equipped with the device to
provide an operable vehicle.
Proposed law retains present law and adds the condition that the offender cannot violate the
conditions of his restricted driver's license as set by DPS&C.
Proposed law provides that if the court imposes the use of an ignition interlock device as a
condition of probation, the offender must provide proof of compliance to the court or the
probation officer within 30 days, or the court is to revoke the offender's probation.
Proposed law retains present law.
Present law defines "community service activities" to include participation in a litter
abatement or collection program and duty in any morgue, coroner's office, or emergency
treatment room of a state-operated hospital or other state-operated emergency treatment
facility, with the consent of the administrator of the morgue, coroner's office, hospital, or
facility.
Proposed law retains present law.
Present law provides that an offender who participates in a litter abatement or collection
program has no cause of action for damages against the entity conducting the program or
supervising the offender's participation therein, nor against any official, employee, or agent
of such entity, for any injury or loss suffered during his participation in the program, if such
injury is a direct result of the lack of supervision or act or omission of the supervisor, unless
the injury or loss was caused by the intentional or grossly negligent act or omission of the
entity or its official, employee, or agent.
Proposed law retains present law.
Present law defines the crime of underage operating while intoxicated (underage DWI) as
the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance
when the operator's BAC is 0.02% or more, if the operator is under the age of 21.
Proposed law retains present law.
Present law provides that if the offender's BAC is 0.08 % or more, he is to be charged under
present law relative to DWI rather than underage DWI. RDCSB277 2697 4179
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Present law provides that on a first conviction of underage DWI the offender is to be fined
between $100 and $250 and participate in a court-approved substance abuse and driver
improvement program.
Proposed law retains present law and adds a term of imprisonment of between ten days and
three months, which sentence can be suspended if the offender performs 32 hours of
community service and participates in a court-approved substance abuse and driver
education program.
Present law provides that on a second or subsequent conviction of underage DWI the
offender is to be fined between $150 and $500 and imprisoned for between ten days and
three months, which sentence can be suspended if the offender performs ten eight-hour days
of community service and participates in a substance abuse and driver improvement
program.
Proposed law increases the minimum fine from $150 to $250 and increases the minimum
term of imprisonment from ten days to 30 days and increases the maximum sentence from
three months to six months, which sentence can be suspended if the offender is placed on
probation with the minimum conditions that he serve 48 hours in jail or perform at least 80
hours of community service, participate in a driver improvement program, and participate
in a substance abuse program, which is to include a screening procedure to determine the
portions of the program that may be applicable to an individual offender.
Proposed law adds that the court may sentence an offender to home incarceration for
underage DWI and that the court may order the offender to install an ignition interlock
device on his vehicle.
Proposed law otherwise retains present law.
Present law provides relative to the crime of refusal to submit to chemical tests, and provides
that no person under arrest for DWI or any other similar law or ordinance may refuse to
submit to a chemical test when requested to do so by a law enforcement officer, if he has
refused to submit to such test on two previous and separate occasions of any such violation.
Proposed law retains present law.
Present law provides that whoever violates the provisions of present law is to be fined
between $300 and $1,000 and imprisoned for between ten days and six months, which
sentence can be suspended only if the offender is either placed on probation with the
minimum conditions that he serve two days in jail and participate in substance abuse and
driver improvement programs, or perform 32 hours of community service and participate in
substance abuse and driver improvement programs.
Proposed law retains present law.
Present law provides relative to the crime of operating a vehicle while under suspension for
certain prior offenses, and provides that it is unlawful to operate a motor vehicle on a public
highway where the operator's driving privileges have been suspended under the authority of
certain provisions of present law, unless the person is operating the vehicle to obtain
emergency medical care for himself or any other person.
Proposed law retains present law.
Present law provides that whoever violates the provisions of present law is to be imprisoned
for between 15 days and six months without benefit of suspension of imposition or execution
of sentence, except that when the operator's driving privileges were suspended for
manslaughter, vehicular homicide, or negligent homicide, the offender is to be imprisoned
for between 60 days and six months without benefit of suspension of imposition or execution
of sentence. RDCSB277 2697 4179
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Proposed law retains present law.
Effective January 1, 2015.
(Amends R.S. 14:98, 98.1, 98.2, and 98.3; Adds R.S. 14:98.4, 98.5, 98.6, 98.7, and 98.8)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Adds screening procedure to determine applicability of substance abuse
treatment programs to individual underage offenders.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the reengrossed bill.
1. Made technical corrections.
2. Clarified penalty provisions for a second offense DWI when the first offense was
vehicular homicide, first degree vehicular negligent injuring, or third degree
feticide.