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))
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".