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