SLS 14RS-713 ENGROSSED
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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. 293
BY SENATOR MARTINY
DWI. Provides relative to operating a vehicle while intoxicated. (gov sig)
AN ACT1
To amend and reenact R.S. 14:98(F)(2), relative to operating a vehicle while intoxicated; to2
provide relative to prior convictions for operating while intoxicated; and to provide3
for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 14:98(F)(2) is hereby amended and reenacted to read as follows: 6
ยง98. Operating a vehicle while intoxicated7
* * *8
F.(1) * * *9
(2) For purposes of this Section, a prior conviction shall not include a10
conviction for an offense under this Section, under R.S. 14:32.1, R.S. 14:39.1, or11
R.S. 14:39.2, or under a comparable statute or ordinance of another jurisdiction, as12
described in Paragraph (1) of this Subsection, if committed more than ten years prior13
to the commission of the crime for which the defendant is being tried and such14
conviction shall not be considered in the assessment of penalties hereunder.15
However, periods of time during which the offender was awaiting trial, under an16
order of attachment for failure to appear, or incarcerated in a penal institution17 SB NO. 293
SLS 14RS-713 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
in this or any other state for any offense, or on probation or parole for an offense1
described in Paragraph (1) of this Subsection, under an order of attachment for2
failure to appear, or incarcerated in a penal institution in this or any other state shall3
be excluded in computing the ten-year period.4
* * *5
Section 2. This Act shall become effective upon signature by the governor or, if not6
signed by the governor, upon expiration of the time for bills to become law without signature7
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If8
vetoed by the governor and subsequently approved by the legislature, this Act shall become9
effective on the day following such approval.10
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
Martiny (SB 293)
Present law provides relative to the crime of operating a vehicle while intoxicated (DWI).
Present law provides that a prior conviction for purposes of present law does not include a
conviction under the present law crime of DWI or related crimes if the crime was committed
more than 10 years prior to the commission of the crime for which the defendant is being
tried, and such conviction cannot be considered in the assessment of penalties. Present law
further provides that periods of time during which the offender was awaiting trial, under an
order of attachment for failure to appear, or incarcerated in a penal institution in this or any
other state for any offense, or on probation or parole for certain present law offenses, are to
be excluded in computing the 10-year period.
Proposed law retains present law but clarifies that periods of time awaiting trial, under an
order of attachment, or incarcerated for any offense, not only DWI offenses, are to be
excluded from the 10-year computation.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:98(F)(2))