RÉSUMÉ DIGEST
ACT 41 (SB 352) 2020 Regular Session Henry
Prior law provided relative to penalties for the crime of operating a vehicle while intoxicated.
Prior law further provided 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.
New law retains prior law and adds that, notwithstanding any other provision of prior 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.
New 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.
New law provides that new 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)