HLS 19RS-37 ENGROSSED
2019 Regular Session
HOUSE BILL NO. 132
BY REPRESENTATIVES CREWS, BRASS, TERRY BROWN, CARPENTER, STEVE
CARTER, FRANKLIN, GISCLAIR, HILL, HOWARD, LEBAS, NORTON,
WHITE, AND WRIGHT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
TRAFFIC/ACCIDENTS: Modifies postaccident drug testing requirements
1 AN ACT
2To amend and reenact R.S. 32:681(Section heading), (A), and (B) and to enact R.S.
3 32:681(E), relative to postaccident drug testing requirements; to provide for the
4 extension of a postaccident drug testing requirement to accidents involving a serious
5 bodily injury; to provide for a definition; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 32:681(Section heading), (A), and (B) are hereby amended and
8reenacted and R.S. 32:681(E) is hereby enacted to read as follows:
9 ยง681. Postaccident drug testing; accidents involving serious bodily injury or
10 fatalities, required
11 A. The operator of any motor vehicle which is involved in a collision or the
12 operator of any watercraft involved in a collision, crash, or other casualty in which
13 a serious bodily injury or fatality occurs shall be deemed to have given consent to,
14 and shall be administered, a chemical test or tests of his blood, urine, or other bodily
15 substance for the purpose of determining the presence of any abused substance or
16 controlled dangerous substance as set forth in R.S. 40:964 or any other impairing
17 substance.
18 B. The test or tests shall be administered at the direction of a law
19 enforcement officer having reasonable grounds to believe the person to have been
20 driving or in actual physical control of a motor vehicle upon the public highways of
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 132
1 this state which is involved in a collision or to have been operating or in physical
2 control of a watercraft on the waterways of this state involved in a collision, crash,
3 or other casualty in which a serious bodily injury or fatality occurs to determine the
4 presence of any abused substance or controlled dangerous substance. The law
5 enforcement agency by which such officer is employed shall designate in writing
6 under what conditions the tests shall be administered.
7 * * *
8 E. For the purposes of this Section, "serious bodily injury" means a bodily
9 injury which involves a period of protracted unconsciousness, protracted and obvious
10 disfigurement, or protracted loss or impairment of the function of a bodily member,
11 organ, or mental faculty, or a substantial risk of death.
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 132 Engrossed 2019 Regular Session Crews
Abstract: Extends the postaccident drug testing requirement to accidents involving serious
bodily injury.
Present law requires the operator of any motor vehicle or watercraft involved in a collision,
crash, or other casualty in which a fatality occurs be administered a chemical test or tests of
his blood, urine, or other bodily substance for the purposes of determining the presence of
any abused or controlled dangerous substance.
Proposed law extends this requirement to the operator of any motor vehicle or watercraft
involved in a collision, crash, or other casualty in which a serious bodily injury occurs.
Present law requires the test or tests be administered at the direction of a law enforcement
officer having reasonable grounds to believe the person driving or in actual physical control
of a motor vehicle or watercraft involved in a collision, crash, or other casualty in which a
fatality occurs.
Proposed law extends this requirement to the person driving or in actual physical control of
a motor vehicle or watercraft involved in a collision, crash, or other casualty in which a
serious bodily injury occurs to determine the presence of any abused substance or controlled
dangerous substance.
Proposed law defines "serious bodily injury" as a bodily injury which involves a period of
protracted unconsciousness, protracted and obvious disfigurement, or protracted loss or
impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk
of death.
(Amends R.S. 32:681(Section heading), (A), and (B); Adds R.S. 32:681(E))
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HB NO. 132
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Transportation,
Highways and Public Works to the original bill:
1. Modifies the definition of "serious bodily injury" by removing "unconsciousness
and extreme physical pain" and adding "a period of protracted unconsciousness".
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.