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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 ENROLLED
SENATE BILL NO. 289
BY SENATOR JOHNS
AN ACT1
To amend and reenact R.S. 32:414(A)(1)(a), the introductory paragraph of 853(A)(1)(c), and2
853(A)(1)(c)(iii), relative to motor vehicles and traffic regulation; to provide relative3
to reports of traffic violations made to the Department of Public Safety and4
Corrections; to provide relative to suspension of driving privileges for an operating5
a vehicle under the influence conviction; to provide that a suspended sentence and6
probation for certain operating a vehicle under the influence offenses is a conviction7
of DWI for purposes of suspending a driver's license under certain circumstances;8
to provide relative to vehicle operating records; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 32:414(A)(1)(a), and the introductory paragraph of 853(A)(1)(c), and11
853(A)(1)(c)(iii) are hereby amended and reenacted to read as follows:12
§414. Suspension, revocation, renewal, and cancellation of licenses; judicial review13
A.(1)(a) The department shall suspend the license of any person for a period14
of twelve months upon receiving, from any district, city, or municipal court, of this15
state or of any other state, having traffic jurisdiction, or from any federal court or16
magistrate having traffic jurisdiction, satisfactory evidence of the conviction or of17
the entry of a plea of guilty or nolo contendere and sentence thereupon or of the18
forfeiture of bail of any such person charged with the first offense for vehicular19
negligent injuring, R.S. 14:39.1, or for operating a motor vehicle while under the20
influence of beverages of high alcoholic content, of low alcoholic content, of21
narcotic drugs, or of central nervous system stimulants, regardless of whether or22
not the person was sentenced pursuant to Code of Criminal Procedure Article23
ACT No. 458 SB NO. 289 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
893 or 894. The department shall promptly investigate an allegation made by such1
licensee that the suspension of his driving privileges will deprive him or his family2
of the necessities of life, or will prevent him from earning a livelihood. If the3
department so finds, it may reinstate the license of such licensee; however, such4
suspension and reinstatement shall be considered as a first suspension and grant of5
restricted driving privileges for the purposes of R.S. 32:415.1, and the driving6
privileges of the licensee shall be restricted as provided in R.S. 32:415.1 for a period7
of twelve months from the date of conviction or the entry of a plea of guilty or nolo8
contendere and sentence thereupon or of the forfeiture of bail. Notice of the9
restriction shall be attached to the license.10
* * *11
§853. Commissioner to furnish operating records; other information; fees;12
withdrawal of forms or information13
A.(1) * * *14
(c) The operating record of a person shall not include those arrests for a first15
or second violation of any state, local, parish, city, municipal, or other16
government ordinance, or statute, or legal provision making criminal the driving17
operating of a motor vehicle while intoxicated or under the influence of alcoholic18
beverages, including but not limited to R.S. 14:98, nor shall it include any record19
of any civil sanction imposed, including the suspension of a license, as a result of20
such an arrest when any of the following occurs:21
* * *22
(iii) The person was convicted or entered a plea, and such conviction or plea23
was subject to the provisions of Code of Criminal Procedure Article 894. However,24
if the court, clerk, or district attorney subsequently reports that the person was denied25
a final dismissal, then the department shall add the conviction to the court, clerk, or26
district attorney subsequently reports that the person achieved a final dismissal27
under the provisions of Code of Criminal Procedure Article 894. Unless and28
until such notice is received, the department shall add a conviction entered29
under Article 894 to the person's operating record and suspend or revoke the30 SB NO. 289 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
license in accordance with law after issuance of proper notice to the person.1
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PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: