HLS 22RS-70 ORIGINAL
2022 Regular Session
HOUSE BILL NO. 415
BY REPRESENTATIVE MARINO
DWI: Provides relative to the administrative hearing applicable to the suspension of certain
driving privileges
1 AN ACT
2To amend and reenact R.S. 32:668(A)(introductory paragraph), relative to the administrative
3 driving privileges hearing; to remove the exclusion of a law enforcement officer
4 from appearing at an administrative hearing procedure regarding the revocation,
5 suspension, or denial of a license or permit; to remove the rebuttable presumption
6 applicable to a suspension hearing on certain driving privileges; and to provide for
7 related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 32:668(A)(introductory paragraph) is hereby amended and reenacted
10to read as follows:
11 ยง668. Procedure following revocation or denial of license; hearing; court review;
12 review of final order; restricted licenses
13 A. Upon suspending the license or permit to drive or nonresident operating
14 privilege of any person or upon determining that the issuance of a license or permit
15 shall be denied to the person, the Department of Public Safety and Corrections shall
16 immediately notify the person in writing and upon his request shall afford him an
17 opportunity for a hearing based upon the department's records or other evidence
18 admitted at the hearing, and in the same manner and under the same conditions as is
19 provided in R.S. 32:414 for notification and hearings in the case of suspension of
20 licenses, except that no law enforcement officer shall be compelled by such person
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-70 ORIGINAL
HB NO. 415
1 to appear or testify at such hearing and there shall be a rebuttable presumption that
2 any inconsistencies in evidence submitted by the department and admitted at the
3 hearing shall be strictly construed in favor of the person regarding the revocation,
4 suspension, or denial of license. The scope of such a hearing for the purposes of this
5 Part shall be limited to the following issues:
6 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 415 Original 2022 Regular Session Marino
Abstract: Removes the exclusion of a law enforcement officer's obligation to appear or
testify at an administrative driving privileges hearing and removes the rebuttable
presumption applicable to a suspension hearing on certain driving privileges.
Present law requires the Dept. of Public Safety and Corrections to immediately notify the
person of certain driving privileges in writing and afford such person an opportunity for a
hearing upon request in the same manner and under the same conditions as provided in
present law. Specifies that such hearings include the revocation, suspension, or denial of a
license or permit. Further, present law provides that such person cannot compel a law
enforcement officer to appear or testify at the hearing and provides a rebuttable presumption,
strictly construed in favor of such person, of any inconsistencies in evidence submitted by
the department and admitted at the hearing.
Proposed law removes the exclusion that no law enforcement officer can be compelled by
such person to appear or testify at such hearing and removes the rebuttable presumption,
strictly construed in favor of such person, of any inconsistencies in evidence submitted by
the department and admitted at the hearing regarding the revocation, suspension, or denial
of a license.
(Amends R.S. 32:668(A)(intro. para.))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.