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 Reengrossed 2019 Regular Session Crews
Abstract: Extends the postaccident drug testing requirement to accidents involving suspected
serious 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 suspected serious 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 suspected serious
injury occurs to determine the presence of any abused substance or controlled dangerous substance.
Proposed law defines "suspected serious injury", as provided for in the 4
th
Edition of the Model
Minimum Uniform Crash Criteria Guideline, as any injury other than fatal which results in any of
the following: (a) severe laceration resulting in exposure of underlying tissues, muscle, or organs,
or resulting in significant blood loss; (b) broken or distorted extremity; (c) crash injuries; (d)
suspected skull, chest, or abdominal injury other than bruises or minor lacerations; (e) significant
burns; (f) unconsciousness when taken from the crash scene; and (g) paralysis.
Proposed law requires the Dept. of Public Safety and Corrections to adopt rules and regulations,
including updating the Uniform Motor Vehicle Traffic Crash Report, to implement the provisions
of proposed law.
(Amends R.S. 32:681(Section heading), (A), and (B); Adds R.S. 32:681(E) and (F))
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".
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
2. Change "serious bodily injury" to "suspected serious injury".
3. Exempt an operator of any motor vehicle that does not receive a violation and is
involved in a collision or the operator of any watercraft that does not receive a violation
and is involved in a collision, crash, or other casualty in which a suspected serious injury
from being required to submit to a chemical test or tests of his blood, urine, or other
bodily substance for the purpose of determining the presence of any abused substance or
controlled dangerous substance as provided for in present law or any other impairing
substance.
4. Define "suspected serious injury", as provided for in the 4th Edition of the Model
Minimum Uniform Crash Criteria Guideline, as any injury other than fatal which results
in any of the following: (a) severe laceration resulting in exposure of underlying tissues,
muscle, or organs, or resulting in significant blood loss; (b) broken or distorted extremity;
(c) crash injuries; (d) suspected skull, chest, or abdominal injury other than bruises or
minor lacerations; (e) significant burns; (f) unconsciousness when taken from the crash
scene; and (g) paralysis.
5. Require the Dept. of Public Safety and Corrections to adopt rules and regulations,
including updating the Uniform Motor Vehicle Traffic Crash Report, to implement the
provisions of proposed law.