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)