Louisiana 2019 Regular Session

Louisiana House Bill HB132

Introduced
3/25/19  
Introduced
3/25/19  
Refer
3/25/19  
Refer
4/8/19  
Report Pass
4/23/19  
Report Pass
4/23/19  
Engrossed
5/7/19  
Engrossed
5/7/19  
Refer
5/8/19  
Refer
5/8/19  
Report Pass
5/27/19  

Caption

Modifies postaccident drug testing requirements

Impact

The bill's impact on state laws includes a redefinition of what constitutes a serious injury, referencing the Model Minimum Uniform Crash Criteria Guideline to categorize incidents such as severe lacerations, broken extremities, and significant burns. Law enforcement agencies are now required to adopt specific rules that dictate when tests should be administered, leading to a more unified approach to handling postaccident investigations. This could improve consistency in law enforcement procedures and potentially lead to better data on substance use in traffic incidents.

Summary

House Bill 132 is a legislative measure that modifies existing postaccident drug testing requirements for operators of motor vehicles and watercraft. Originally, chemical testing was mandated only for those involved in accidents resulting in fatalities. The proposed law broadens this scope to include situations where there is suspected serious injury. This change aims to enhance public safety by ensuring that substance use can be determined in a broader range of accident scenarios, which may have significant implications for law enforcement and public health.

Sentiment

The general sentiment surrounding HB 132 seems to be cautiously supportive, reflecting a consensus that public safety is a priority. However, there may be concerns related to the potential implications for individuals involved in accidents, especially regarding privacy and the presumption of guilt associated with being tested for substances. The discussions took into account both the necessity of public safety initiatives and the rights of individuals involved in traffic incidents.

Contention

Notable points of contention pertained to the details of how 'suspected serious injury' is defined, as well as the implications this would have on tested individuals. Some legislators voiced concerns about overreach by law enforcement and the necessity of balancing public safety with civil liberties. There were discussions regarding the bill's potential to heighten scrutiny on drivers in situations that may not warrant such measures, thereby impacting their legal rights.

Companion Bills

No companion bills found.

Previously Filed As

LA SB138

Requires postaccident drug testing when a traffic accident involves "serious bodily injury". (gov sig)

LA HB776

Provides relative to operating a vehicle while intoxicated

LA SB322

Provides relative to tests for suspected drunken drivers. (gov sig)

LA SB419

Provides relative to breath and blood tests in connection with an arrest for operating a vehicle while intoxicated. (gov sig)

LA HB331

Authorizes licensed practical nurses to administer chemical tests for intoxication

LA HB781

Authorizes the use of multiple chemical tests

LA HB467

Revise DUI testing to include oral fluids

LA HB1385

Drunk and Drugged Driving - Testing - Warrants and Authorized Police Officers

LA HB2190

Relating to the terminology used to describe transportation-related accidents.

LA SB13

Revise DUI laws related to admissible tests for presence of drugs

Similar Bills

CA SB1065

Primary drinking water standards: hexavalent chromium: compliance plan.

CA AB3336

Third-party food delivery platforms: food safety.

CA SB250

Controlled substances: punishment.

CA AB2783

Controlled substances: hydrocodone combination products: schedules.

HI SB132

Relating To Alcohol And Substance Abuse.

HI SB132

Relating To Alcohol And Substance Abuse.

LA SB61

Authorizes the secretary of the Department of Health and Hospitals to issue stop order rules on certain dangerous substances. (8/1/12)

MA H2227

Replacing archaic and stigmatizing language for substance use