HLS 22RS-70 ENGROSSED
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 ENGROSSED
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:. The hearing provided for in this Section
6 shall be based on the department's records except that the person whose operating
7 privileges were suspended may subpoena a law enforcement officer who initiated the
8 stop or who performed or participated in a breathalyzer test to appear or testify at
9 such hearing. Notwithstanding any provision of this Section to the contrary, a law
10 enforcement officer may appear or testify at such hearing by simultaneous
11 transmission through audio-visual electronic equipment. The scope of the hearing
12 shall include only the following issues:
13 * * *
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 Engrossed 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.
Provides a law enforcement officer may appear or testify through audio-visual
electronic equipment.
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 based on the department's records or other evidence admitted at the hearing and 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.
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HB NO. 415
Proposed law modifies present law by specifying that the hearing be based on the
department's records except that the person whose operating privileges were suspended may
subpoena a law enforcement officer who initiated the stop or who performed or participated
in a breathalyzer test to appear or testify at such hearing. Further specifies notwithstanding
any provision of present law to the contrary, a law enforcement officer may appear or testify
at such hearing by simultaneous transmission through audio-visual electronic equipment.
Additionally, specifies that the scope of the hearing only includes certain enumerated issues.
(Amends R.S. 32:668(A)(intro. para.))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Transportation,
Highways and Public Works to the original bill:
1. Remove a provision that specified that a person's opportunity for a hearing was
based upon the department's records or other evidence admitted at the hearing.
2. Add a provision that requires the requested hearing be based on the department's
records except that the person whose operating privileges were suspended may
subpoena a law enforcement officer who initiated the stop or who performed or
participated in a breathalyzer test to appear or testify at such hearing. Further
authorizes a law enforcement officer to appear or testify at such hearing by
simultaneous transmission through audio-visual electronic equipment.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.