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 Reengrossed 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" or "incapacitating" or a "suspected serious injury" on the Uniform
Motor Vehicle Traffic Crash Report or a serious bodily injury or a fatality occurs, in order to
determine the presence of any abused substance.
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) and (F))
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".
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Expands postaccident drug testing to accidents involving serious bodily injury. 2. Defines "serious bodily injury".
3. Changes name of proposed law to "Katie Bug's Law".