SLS 14RS-330 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. 55
BY SENATORS KOSTELKA AND DORSEY-COLOMB (On Recommendation of Law
Institute)
CRIME/PUNISHMENT. Adds vehicular homicide to the list of crimes of violence.
(gov sig)
AN ACT1
To enact R.S. 14:2(B)(45) and 32.1(C), relative to crimes of violence; to add vehicular2
homicide to the list of crimes of violence; to provide relative to penalties for3
vehicular homicide; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 14:2(B)(45) and 32.1(C) are hereby enacted to read as follows: 6
§2. Definitions7
* * *8
B. In this Code, "crime of violence" means an offense that has, as an element,9
the use, attempted use, or threatened use of physical force against the person or10
property of another, and that, by its very nature, involves a substantial risk that11
physical force against the person or property of another may be used in the course12
of committing the offense or an offense that involves the possession or use of a13
dangerous weapon. The following enumerated offenses and attempts to commit any14
of them are included as "crimes of violence":15
* * *16
(45) Vehicular homicide, when the operator's blood alcohol17 SB NO. 55
SLS 14RS-330 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
concentration exceeds 0.20 percent by weight based on grams of alcohol per one1
hundred cubic centimeters of blood.2
* * *3
§32.1. Vehicular homicide4
* * *5
C. Whoever commits the crime of vehicular homicide shall be sentenced6
as an offender convicted of a crime of violence if the offender's blood alcohol7
concentration, at the time of the offense, exceeds 0.20 percent by weight based8
on grams of alcohol per one hundred cubic centimeters of blood.9
Section 2. This Act shall become effective upon signature by the governor or, if not10
signed by the governor, upon expiration of the time for bills to become law without signature11
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If12
vetoed by the governor and subsequently approved by the legislature, this Act shall become13
effective on the day following such approval.14
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Kostelka (SB 55)
Present law defines "crime of violence" and lists certain present law crimes that fall under
this definition.
Proposed law retains present law and adds vehicular homicide, when the operator's blood
alcohol concentration exceeds 0.20 percent by weight based on grams of alcohol per 100
cubic centimeters of blood, to the list of crimes of violence.
Present law defines the crime of vehicular homicide and provides for penalties.
Proposed law retains present law and adds that whoever commits the crime of vehicular
homicide is to be sentenced as an offender convicted of a crime of violence if the offender's
blood alcohol concentration, at the time of the offense, exceeds 0.20 percent by weight based
on grams of alcohol per 100 cubic centimeters of blood.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 14:2(B)(45) and 32.1(C))