2020 Regular Session ENROLLED
SENATE BILL NO. 352
BY SENATOR HENRY
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
18 Statistical Manual of Mental Disorders published by the American Psychiatric
19 Association.
20 B. Upon considering the results of the assessment, the court may refer
21 the offender to a rehabilitative program that offers one or more forms of
22 court-approved medications that are approved for the treatment of alcohol or
23 drug dependence by the United States Food and Drug Administration.
ACT No. 41
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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 ENROLLED
1 C. This Section shall not apply when an offender shows that he is unable
2 to pay the costs of the assessment and rehabilitative program, either personally
3 or through a third party insurer.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.