SLS 20RS-543 REENGROSSED
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, at the sole
12 expense of the offender, to undergo an assessment that uses a standardized
13 evidence-based instrument performed by a physician to determine whether the
14 offender has a diagnosis for alcohol or drug dependence and would likely
15 benefit from a court-approved medication-assisted treatment indicated and
16 approved for the treatment of alcohol or drug dependence by the United States
17 Food and Drug Administration, as specified in the most recent Diagnostic and
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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 REENGROSSED
1 Statistical 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.
7 C. This Section shall not apply when an offender shows that he is unable
8 to pay the costs of the assessment and rehabilitative program, either personally
9 or through a third party insurer.
The original instrument was prepared by Alden A. Clement, Jr. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Jeanne Johnston.
DIGEST
SB 352 Reengrossed 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, at his sole expense, 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.
Proposed law provides that proposed law shall not apply when the offender shows he is
unable to pay the costs of the assessment and rehabilitative programs, either personally or
through a third party insurer.
Effective August 1, 2020.
(Adds R.S. 14:98.5.1)
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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 REENGROSSED
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Require the offender to pay the expenses of court ordered assessment and
rehabilitative program, unless he shows he unable to pay the costs.
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.