SLS 20RS-543 ENGROSSED
2020 Regular Session
SENATE BILL NO. 352
BY SENATOR HENRY
DWI. Provides that the court may order a clinical assessment for a person who has two or
more DWI convictions. (8/1/20)
1 AN ACT
2 To enact R.S. 14:98.5.1, relative to driving offenses; to provide that the court may order a
3 clinical assessment for a person who has two or more convictions for operating a
4 vehicle while intoxicated; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 14:98.5.1 is hereby enacted to read as follows:
7 ยง98.5.1. Assessment for alcohol or drug dependence; rehabilitative programs;
8 second and subsequent convictions
9 A. Notwithstanding any other provision of law to the contrary provided
10 by R.S. 14:98, 98.1, 98.2, 98.3, and 98.4, on a second or subsequent conviction
11 for a violation of R.S. 14:98, the court may order the offender to undergo an
12 assessment that uses a standardized evidence-based instrument performed by
13 a physician to determine whether the offender has a diagnosis for alcohol or
14 drug dependence and would likely benefit from a court-approved
15 medication-assisted treatment indicated and approved for the treatment of
16 alcohol or drug dependence by the United States Food and Drug
17 Administration, as specified in the most recent Diagnostic and Statistical
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 352
SLS 20RS-543 ENGROSSED
1 Manual of Mental Disorders published by the American Psychiatric
2 Association.
3 B. Upon considering the results of the assessment, the court may refer
4 the offender to a rehabilitative program that offers one or more forms of
5 court-approved medications that are approved for the treatment of alcohol or
6 drug dependence by the United States Food and Drug Administration.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 352 Engrossed 2020 Regular Session Henry
Present law provides relative to penalties for the crime of operating a vehicle while
intoxicated. Present law further provides relative to participation by an offender in court-
approved substance abuse programs and assessments to determine whether the offender has
a diagnosis of substance abuse disorder.
Proposed law retains present law and adds that, notwithstanding any other provision of
present law to the contrary, on a second or subsequent conviction for operating a vehicle
while intoxicated, the court may order the offender to undergo an assessment that uses a
standardized evidence-based instrument performed by a physician to determine whether the
offender has a diagnosis for alcohol or drug dependence and would likely benefit from a
court-approved medication-assisted treatment indicated and approved for the treatment of
alcohol or drug dependence by the U.S. Food and Drug Administration, as specified in the
most recent Diagnostic and Statistical Manual of Mental Disorders published by the
American Psychiatric Association.
Proposed law further provides that, upon considering the results of the assessment, the court
may refer the offender to a rehabilitative program that offers one or more forms of
court-approved medications that are approved for the treatment of alcohol or drug
dependence by the U.S. Food and Drug Administration.
Effective August 1, 2020.
(Adds R.S. 14:98.5.1)
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.