GREEN SHEET REDIGEST
HB 132 2019 Regular Session Crews
TRAFFIC/ACCIDENTS: Modifies postaccident drug testing requirements
DIGEST
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 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, organs, or resulting in significant blood loss; (b) broken or distorted
extremity; (c) crush 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.
Proposed law adds provisions that absolve a law enforcement officer and the law
enforcement agency employing the officer from civil or criminal liability for any action or
omission taken in response to accidents involving suspected serious injury.
Proposed law adds provision that names and authorizes its citation as "Katie Bug's Law".
Effective August 1, 2019.
(Amends R.S. 32:681(Section heading), (A) and (B); Adds R.S. 32:681(E), (F), (G), and (H))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Transportation,
Highways and Public Works to the original bill:
1. Modify 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".
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Prepared by Sharon F. Lyles. 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) crush 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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the reengrossed bill
1. Change "serious bodily injury" to "suspected serious injury".
2. Change "Crash" to "Crush" injuries.
3. Add that neither a law enforcement officer nor the law enforcement agency
employing the officer shall liable, civilly or criminally, for any action or
omission taken in response to accidents involving suspected serious injury.
4. Name and authorizes citation as "Katie Bug's Law".
5. Make technical amendments.
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Prepared by Sharon F. Lyles.