SLS 19RS-392 ENGROSSED
2019 Regular Session
SENATE BILL NO. 138
BY SENATORS GATTI, BARROW, CARTER, COLOMB, HENSGENS, MILLS, GARY
SMITH AND WHITE AND REPRESENTATIVE WHITE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME/PUNISHMENT. Provides relative to the definition of "serious bodily injury".
(gov sig)
1 AN ACT
2 To amend and reenact R.S. 32:681(A) and (B) and to enact R.S. 32:681(E), relative to
3 postaccident drug testing under certain circumstances involving serious bodily
4 injury; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 32:681(A) and (B) are hereby amended and reenacted and R.S.
7 32:681(E) is hereby enacted to read as follows:
8 ยง681. Postaccident drug testing; accidents involving serious bodily injury or
9 fatalities, required
10 A. The operator of any motor vehicle which is involved in a collision or the
11 operator of any watercraft involved in a collision, crash, or other casualty in which
12 a bodily injury rated as "severe" on the Uniform Motor Vehicle Traffic Crash
13 Report or fatality occurs shall be deemed to have given consent to, and shall be
14 administered, a chemical test or tests of his blood, urine, or other bodily substance
15 for the purpose of determining the presence of any abused substance or controlled
16 dangerous substance as set forth in R.S. 40:964 or any other impairing substance.
17 B. The test or tests shall be administered at the direction of a law enforcement
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 138
SLS 19RS-392 ENGROSSED
1 officer having reasonable grounds to believe the person to have been driving or in
2 actual physical control of a motor vehicle upon the public highways of this state
3 which is involved in a collision or to have been operating or in physical control of
4 a watercraft on the waterways of this state involved in a collision, crash, or other
5 casualty in which bodily injury rated as "severe" on the Uniform Motor Vehicle
6 Traffic Crash Report or a fatality occurs in order to determine the presence of
7 any abused substance or controlled dangerous substance as set forth in R.S.
8 40:964 or any other impairing substance. The law enforcement agency by which
9 such officer is employed shall designate in writing under what conditions the tests
10 shall be administered.
11 * * *
12 E. This Section shall be known and may be cited as "Katie Grantham's
13 Law".
14 Section 2. This Act shall become effective upon signature by the governor or, if not
15 signed by the governor, upon expiration of the time for bills to become law without signature
16 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
17 vetoed by the governor and subsequently approved by the legislature, this Act shall become
18 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 138 Engrossed 2019 Regular Session Gatti
Present law requires the operator of any motor vehicle or watercraft involved in a collision,
crash, or other casualty in which a fatality occurs to be administered a chemical test of his
blood, urine, or other bodily substance for the purposes of determining the presence of any
abused or controlled dangerous substance. Present law further requires that the test or tests
to be administered to the operator of any motor vehicle or watercraft involved in a collision,
crash, or other casualty in which a fatality occurs 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 these present law requirements 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 bodily injury rating "severe" on the Uniform Motor Vehicle Traffic Crash
Report occurs, in order to determine the presence of any abused substance or controlled
dangerous substance.
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 138
SLS 19RS-392 ENGROSSED
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 32:681(A) and (B); adds R.S. 32:681(E))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Add that present law postaccident drug testing is required when a motor
vehicle accident involves bodily injury rating "severe" on the Uniform Motor
Vehicle Traffic Crash Report and delete that such testing is required when
the accident involves serious bodily injury.
2. Deletes proposed law relative to the definition of "serious bodily injury".
3. Names proposed law "Katie Grantham's Law".
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.