Louisiana 2019 2019 Regular Session

Louisiana House Bill HB278 Comm Sub / Analysis

                    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 278 Original	2019 Regular Session	Mack
Abstract:  Authorizes an individual whose driving privilege is restricted and whose vehicle is
equipped with an ignition interlock device to receive credit towards suspension time or any
reinstatement requirement under certain circumstances.
Proposed law authorizes an individual who installs a Dept. of Public Safety and Corrections
approved ignition interlock device as a requirement of bail, a part of a pre-trial diversion program,
or a term of a suspended or deferred sentence as provided in present law, for an offense involving
the operation of a motor vehicle under the influence of alcohol, drugs, or both, and was arrested or
subsequently convicted of such an offense, to receive credit towards suspension time or any
reinstatement requirement that may be imposed if any of the following occurs:
(1)The installation and monitoring of the ignition interlock device is reported to the Dept. of
Public Safety and Corrections by the manufacturer in accordance with present law.
(2)The individual whose driving privilege is restricted appears at an office of motor vehicle
field office and is issued a renewed or duplicate driver's license that contains a restriction
code indicating that any vehicle operated by the individual must be equipped with an ignition
interlock device.
Proposed law prohibits an individual from receiving credit towards suspension time or any
reinstatement requirement if the manufacturer reports to the Dept. of Public Safety and Corrections
that any combination of two of the following violations have occurred in a one month period,
including any repeat violation of the same type:
(1)Tampering with the device.
(2)Circumventing the device.
(3)Failure to bring the ignition interlock device in for required service.
(4)Failure to take or pass a re-test.
(5)Failure to pass a breath test.
(6)Use of the emergency override feature without justification. (7)Unauthorized removal of the device.
Proposed law prohibits an individual from receiving credit towards suspension time or any
reinstatement requirement if the individual is charged or arrested for any offense involving the
operation of a motor vehicle while under the influence of alcohol, drugs, or both, during the period
in which the individual is required to have an ignition interlock device as a requirement of bail, a part
of a pre-trial diversion program, or a term of a suspended or deferred sentence as provided in present
law.
Proposed law authorizes the Dept. of Public Safety and Corrections to promulgate such rules and
regulations as are necessary to implement the provisions of proposed law.
(Amends R.S. 32:378.2(M); Adds R.S. 32:378.2(N))