HLS 18RS-689 ORIGINAL
2018 Regular Session
HOUSE BILL NO. 184
BY REPRESENTATIVE LEGER
DWI: Provides relative to costs assessed for violations of driving while intoxicated
1 AN ACT
2To amend and reenact Code of Criminal Procedure Article 887(C), relative to operating a
3 vehicle while intoxicated; to provide relative to special costs assessed for convictions
4 of operating a vehicle while intoxicated; to provide relative to special costs assessed
5 for persons placed on pretrial diversion; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Criminal Procedure Article 887(C) is hereby amended and
8reenacted to read as follows:
9 Art. 887. Defendant's liability for costs; suspension of costs; no advance costs
10 * * *
11 C.(1) In addition to the costs provided in Paragraph A, a person convicted
12 of a violation of R.S. 14:98, R.S. 14:98.1 or 98.1, or of any municipal or parochial
13 ordinance defining the offense of operating a motor vehicle, aircraft, watercraft,
14 vessel, or other motorized means of conveyance under the influence of alcohol or
15 drugs, who was subjected submitted to a blood, breath, or urine analysis for alcohol
16 or any controlled dangerous substance listed in R.S. 40:964, Schedule I, II, III, IV,
17 or V, shall be assessed an additional seventy-five one hundred fifty dollars as special
18 costs. Such costs shall be paid in the following manner: twenty-five seventy-five
19 dollars to the governing authority owning the instrument used to perform the
20 analysis, and fifty seventy-five dollars to the governing authority whose agency
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-689 ORIGINAL
HB NO. 184
1 performed the analysis. If the office of state police performed or participated in a
2 blood, breath, or urine analysis for which these costs are assessed, that portion of the
3 costs applicable to the office of state police shall be forwarded to the applied
4 technology unit within the office of state police and forwarded for disposition in
5 accordance with R.S. 40:1379.7. In the event the person is unable to pay the fine
6 when assessed, the court may allow payment within certain time limits, based on the
7 person's ability to pay such costs.
8 (2) A person placed in a pretrial diversion program for a violation of R.S.
9 14:98 or 98.1, or any municipal or parochial ordinance defining the offense of
10 operating a motor vehicle, aircraft, watercraft, vessel, or other motorized means of
11 conveyance under the influence of alcohol or drugs, who submitted to a blood,
12 breath, or urine analysis for alcohol or any controlled dangerous substance listed in
13 R.S. 40:964, Schedule I, II, III, IV, or V, shall be assessed special costs of one
14 hundred fifty dollars which shall be distributed in the same manner as provided in
15 Paragraph (1) of this Subsection.
16 * * *
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)]
HB 184 Original 2018 Regular Session Leger
Abstract: Increases special costs assessed for DWI convictions and requires certain persons
placed in a pretrial diversion program for DWI to also pay these special costs.
Present law provides that a person convicted of a DWI violation who was subjected to a
blood, breath, or urine analysis for alcohol or any controlled dangerous substance shall be
assessed an additional $75 as special costs to be paid as follows:
(1)$25 to the governing authority owning the instrument used to perform the analysis.
(2) $50 to the governing authority whose agency performed the analysis.
Proposed law increases the special costs from $75 to $150, with $75 paid to the governing
authority owning the instrument and $75 paid to the governing authority who performed the
analysis. Adds that persons who are placed in a pretrial diversion program for a DWI
violation must also pay the $150 costs.
(Amends C.Cr.P. Art. 887(C))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.