HLS 20RS-534 ENGROSSED
2020 Regular Session
HOUSE BILL NO. 127
BY REPRESENTATIVE VILLIO
CRIME: Provides relative to certain offenses when the offender knowingly consumes
quantities of a drug that exceed the prescribed or recommended dosage
1 AN ACT
2To amend and reenact R.S. 14:32.1(A)(6), 32.8(A)(2)(f), 39.1(A)(5), 39.2(A)(5), and
3 98(A)(1)(e), relative to offenses involving the operation of any motor vehicle; to
4 provide relative to the offenses of vehicular homicide, vehicular negligent injuring,
5 first degree vehicular negligent injuring, driving while intoxicated, and third degree
6 feticide; to provide relative to the influence of drugs that are not controlled
7 dangerous substances and are legally obtainable with or without a prescription; to
8 remove the condition that the operator or offender knowingly consumes quantities
9 of the drug that exceed the dosage prescribed by the physician or recommended by
10 the manufacturer; and to provide for related matters.
11Be it enacted by the Legislature of Louisiana:
12 Section 1. R.S. 14:32.1(A)(6), 32.8(A)(2)(f), 39.1(A)(5), 39.2(A)(5), and 98(A)(1)(e)
13are hereby amended and reenacted to read as follows:
14 §32.1. Vehicular homicide
15 A. Vehicular homicide is the killing of a human being caused proximately
16 or caused directly by an offender engaged in the operation of, or in actual physical
17 control of, any motor vehicle, aircraft, watercraft, or other means of conveyance,
18 whether or not the offender had the intent to cause death or great bodily harm,
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1 whenever any of the following conditions exists and such condition was a
2 contributing factor to the killing:
3 * * *
4 (6) The operator is under the influence of one or more drugs which are not
5 controlled dangerous substances and which are legally obtainable with or without a
6 prescription and the influence is caused by the operator knowingly consuming
7 quantities of the drug or drugs which substantially exceed the dosage prescribed by
8 the physician or the dosage recommended by the manufacturer of the drug.
9 * * *
10 §32.8. Third degree feticide
11 A. Third degree feticide is:
12 * * *
13 (2) The killing of an unborn child caused proximately or caused directly by
14 an offender engaged in the operation of, or in actual physical control of, any motor
15 vehicle, aircraft, vessel, or other means of conveyance whether or not the offender
16 had the intent to cause death or great bodily harm whenever any of the following
17 conditions exist and such condition was a contributing factor to the killing:
18 * * *
19 (f) The offender is under the influence of one or more drugs which are not
20 controlled dangerous substances and which are legally obtainable with or without a
21 prescription and the influence is caused by the offender's knowingly consuming
22 quantities of the drug or drugs which substantially exceed the dosage prescribed by
23 the physician or the dosage recommended by the manufacturer of the drug.
24 * * *
25 §39.1. Vehicular negligent injuring
26 A. Vehicular negligent injuring is the inflicting of any injury upon the person
27 of a human being when caused proximately or caused directly by an offender
28 engaged in the operation of, or in actual physical control of, any motor vehicle,
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1 aircraft, watercraft, or other means of conveyance whenever any of the following
2 conditions exists:
3 * * *
4 (5) The operator is under the influence of one or more drugs which are not
5 controlled dangerous substances and which are legally obtainable with or without a
6 prescription and the influence is caused by the operator knowingly consuming
7 quantities of the drug or drugs which substantially exceed the dosage prescribed by
8 the physician or the dosage recommended by the manufacturer of the drug.
9 * * *
10 §39.2. First degree vehicular negligent injuring
11 A. First degree vehicular negligent injuring is the inflicting of serious bodily
12 injury upon the person of a human being when caused proximately or caused directly
13 by an offender engaged in the operation of, or in actual physical control of, any
14 motor vehicle, aircraft, watercraft, or other means of conveyance whenever any of
15 the following conditions exists:
16 * * *
17 (5) The operator is under the influence of one or more drugs which are not
18 controlled dangerous substances and which are legally obtainable with or without a
19 prescription and the influence is caused by the operator knowingly consuming
20 quantities of the drug or drugs which substantially exceed the dosage prescribed by
21 the physician or the dosage recommended by the manufacturer of the drug.
22 * * *
23 §98. Operating a vehicle while intoxicated
24 A.(1) The crime of operating a vehicle while intoxicated is the operating of
25 any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when
26 any of the following conditions exist:
27 * * *
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1 (e)(i) The operator is under the influence of one or more drugs that are not
2 controlled dangerous substances and that are legally obtainable with or without a
3 prescription.
4 (ii) It shall be an affirmative defense to any charge under this Subparagraph
5 that the operator did not knowingly consume quantities of the drug or drugs that
6 substantially exceed the dosage prescribed by the physician or the dosage
7 recommended by the manufacturer of the drug.
8 * * *
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 127 Engrossed 2020 Regular Session Villio
Abstract: Amends the crimes of vehicular homicide, vehicular negligent injuring, first
degree vehicular negligent injuring, driving while intoxicated, and third degree
feticide to remove the condition that the operator or offender knowingly consumes
quantities of the drug that exceed the dosage prescribed or recommended.
Present law provides for the crimes of vehicular homicide, third degree feticide, vehicular
negligent injuring, first degree vehicular negligent injuring, and operating a vehicle while
intoxicated.
Present law provides that for those present law crimes to apply, certain conditions must exist
or contribute to the factor of the killing of the human being.
Proposed law removes the condition that the operator or offender knowingly consumes
quantities of the drug or drugs which substantially exceed the dosage prescribed by the
physician or the dosage recommended by the manufacturer of the drug from the conditions
of the present law crimes.
(Amends R.S. 14:32.1(A)(6), 32.8(A)(2)(f), 39.1(A)(5), 39.2(A)(5), and 98(A)(1)(e))
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