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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.))