SLS 23RS-241 ENGROSSED
2023 Regular Session
SENATE BILL NO. 82
BY SENATOR FESI
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MOTOR VEHICLES. Provides relative to ignition interlock devices. (8/1/23)
1 AN ACT
2 To amend and reenact R.S. 14:98.1(A)(3)(c) and 98.2(A)(3)(c), R.S. 32:378.2(A),
3 (B)(1)(a)(ii)(aa) and (bb), (H), and (M)(2) and 414(A)(1)(c)(i) and (ii) and (D)(1)(b),
4 667(B)(1)(b) and (3)(b) and (c), and (I)(1)(a), and the introductory paragraph of
5 668(B)(1)(a), and to enact R.S. 15:307.1 and R.S. 32:378.2(O), relative to ignition
6 interlock devices; to provide standards for compliance with ignition interlock
7 devices; to make technical changes; to change criminal offenses for driving while
8 intoxicated; to provide for a change in time periods that a driver is required to have
9 an ignition interlock device; to provide relative to restricted driver's licenses; to
10 extend the amount of time that a driver is required to have an ignition interlock
11 device upon notice of noncompliance; to provide an ignition interlock affordability
12 plan; to provide relative to first and second offense penalties for operating a vehicle
13 while intoxicated; and to provide for related matters.
14 Be it enacted by the Legislature of Louisiana:
15 Section 1. R.S. 14:98.1(A)(3)(c) and 98.2(A)(3)(c) are hereby amended and
16 reenacted to read as follows:
17 §98.1. Operating while intoxicated; first offense; penalties
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1 A. * * *
2 (3) * * *
3 (c) The court shall require that the offender not operate a motor vehicle
4 during the period of probation unless any vehicle, while being operated by the
5 offender, is equipped with a functioning ignition interlock device in compliance with
6 the requirements of R.S. 14:98.5(C) and R.S. 32:378.2. The ignition interlock device
7 shall remain installed and operative on his vehicle during the first twelve-month
8 period of suspension of his driver's license following the date of conviction.
9 * * *
10 §98.2. Operating while intoxicated; second offense; penalties
11 A. * * *
12 (3) * * *
13 (c) The court shall require that the offender not operate a motor vehicle
14 during the period of probation unless any vehicle, while being operated by the
15 offender, is equipped with a functioning ignition interlock device in compliance with
16 the requirements of R.S. 14:98.5(C), R.S. 15:306, and R.S. 32:378.2. The ignition
17 interlock device shall remain installed and operative on his vehicle during the first
18 three years of the four-year period of the suspension of his driver's license.
19 * * *
20 Section 2. R.S. 15:307.1 is hereby enacted to read as follows:
21 §307.1. Ignition interlock affordability
22 A. The Department of Public Safety and Corrections, office of state
23 police shall promulgate rules and regulations to establish and monitor
24 compliance with an ignition interlock affordability plan for individuals that
25 demonstrate economic hardship who are required to install an ignition interlock
26 device.
27 B. Economic hardship shall be satisfied if an individual required to have
28 the ignition interlock device is eligible for the Supplemental Nutrition
29 Assistance Program (SNAP), Medicaid, social security disability insurance
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1 (SSDI), social security income (SSI), or a judge's order for services of an
2 indigent public defender (IPD) when the defendant demonstrated income below
3 one hundred twenty-five percent of the federal poverty level.
4 C. Individuals that meet the economic hardship standard shall be
5 required to pay no more than fifty percent of fees assessed by the ignition
6 interlock service center for installation, monthly calibration, lease, and removal
7 of the device.
8 D. Individuals that meet the economic hardship standard are responsible
9 for any optional services an individual elects, fees related to any noncompliance
10 as defined in R.S. 32:378.2, state-mandated fees, and any costs related to
11 damaged, missing or unreturned equipment, and recovery of such equipment.
12 E. Individuals become eligible for the affordability plan on the date that
13 the individual provides the ignition interlock manufacturer, or ignition
14 interlock service center, acceptable documentation verifying that the individual
15 meets the standard for economic hardship. Continued eligibility may be verified
16 at the discretion of the ignition interlock manufacturer or ignition interlock
17 service center. Acceptable forms of documentation shall include an eligibility
18 card or qualifying letter for SNAP, Medicaid, SSDI, or SSI administered by the
19 social security administration, or a judge's order for an indigent public
20 defender as described in this Section. If the documentation does not name the
21 individual required to install the ignition interlock device, the individual shall
22 be required to sign a notarized affidavit provided by the Department of Public
23 Safety and Corrections attesting to his eligibility for SNAP, Medicaid, SSDI, or
24 SSI on a state-approved form.
25 F. An ignition interlock manufacturer or ignition interlock service center
26 shall not refuse service to an individual that has demonstrated eligibility for the
27 affordability plan in accordance with this Section.
28 G. An individual who has been refused service, after providing the
29 documentation required in this Section to an ignition interlock manufacturer
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1 or ignition interlock service center, may file a complaint with the Department
2 of Public Safety and Corrections, office of state police, applied technology unit.
3 Effective August 1, 2024, all complaints for refusal of service shall be
4 investigated by the office of state police, applied technology unit, within thirty
5 days of receipt of the complaint.
6 H. If the investigation substantiates the refusal of service, the
7 Department of Public Safety and Corrections, office of state police, applied
8 technology unit, may issue a warning, suspension, or revocation of the
9 certification for the ignition interlock manufacturer or the ignition interlock
10 service center based on the facts of the investigation and the history of
11 complaints related to the manufacturer or service center. An ignition interlock
12 manufacturer or ignition interlock service center may appeal any suspension or
13 revocation issued pursuant to this Subsection.
14 Section 3. R.S. 32:378.2(A), (B)(1)(a)(ii)(aa) and (bb), (H), and (M)(2),
15 414(A)(1)(c)(i) and (ii) and (D)(1)(b), 667(B)(1)(b) and (3)(b) and (c), and (I)(1)(a), and the
16 introductory paragraph of 668(B)(1)(a) are hereby amended and reenacted, and R.S.
17 32:378.2(O) is hereby enacted to read as follows:
18 §378.2. Ignition interlock devices; condition of probation for certain DWI offenders;
19 restricted license
20 A. In addition to any other provisions of law and except as otherwise
21 provided in Subsection I of this Section, the court may require that any person who
22 is placed on probation as provided in R.S. 14:98(B) R.S. 14:98.1, and the court shall
23 require that any person who is placed on probation as provided by R.S. 14:98(C)
24 R.S. 14:98.2 not operate a motor vehicle during the period of probation unless the
25 vehicle is equipped with a functioning ignition interlock device as provided in this
26 Section.
27 B.(1) * * *
28 (a) * * *
29 (ii) * * *
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1 (aa) Upon first offense, if the offender had a blood alcohol concentration of
2 0.20 percent or greater, he shall be issued a restricted driver's license during the
3 entire period of the two-year driver's license suspension imposed under the
4 provisions of R.S. 14:98(K)(1) R.S. 14:98.1 (A)(3)(b) and (c) and shall be required
5 to have a functioning ignition interlock device installed on his vehicle during the first
6 twelve-month period of the suspension.
7 (bb) Upon second offense, if the offender has a blood alcohol concentration
8 of 0.20 percent or greater, he shall be eligible for a restricted driver's license for the
9 period of suspension as imposed under the provisions of R.S. 14:98(K)(2)(b) R.S.
10 14:98.2 (A)(3)(b) and (c). The offender may be issued a restricted license during the
11 entire four years on his suspension and shall be required to have a functioning
12 ignition interlock device installed on his vehicle during the first three years of the
13 four-year suspension.
14 * * *
15 H. The person whose driving privilege is restricted pursuant to this Section
16 shall have the system monitored by the manufacturer, at the manufacturer's expense,
17 for proper use at least bi-monthly every thirty days, and more frequently as the
18 court may order, on the operation of each interlocking ignition interlock device in
19 the person's vehicles. A report of such monitoring shall be issued by the
20 manufacturer to the court and the department within fourteen days after the system
21 is monitored. However, the report issued to the department shall be in an electronic
22 format specified by the department.
23 M. * * *
24 (2) No credit towards suspension time or any reinstatement requirement shall
25 be given if any of the following occur:
26 (a) if the The manufacturer reports to the Department of Public Safety and
27 Corrections that any combination of two of the following violations have occurred
28 in a one-month period, including any repeat violation of the same type once during
29 the period of installation:
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1 (a)(i) Tampering with the device.
2 (b)(ii) Circumventing the device.
3 (c) Failure to bring the ignition interlock device in for required service.
4 (d) Failure to take or pass a re-test.
5 (e) Failure to pass a breath test.
6 (f) Use of the emergency override feature without justification.
7 (b) The restricted operator fails to have the ignition interlock device
8 serviced by an approved ignition interlock provider every thirty days, more
9 than two times during the period of installation.
10 (c) The device has recorded any of the following, or any combination of
11 the following, three or more times in a thirty-day period:
12 (i) Failure to take or pass an initial breath test where pass is defined as
13 a breath alcohol concentration less than 0.02g of alcohol per 210L of breath.
14 (ii) Failure to take or pass a retest where pass is defined as a breath
15 alcohol concentration less than 0.02g of alcohol per 210L of breath.
16 (g)(d) Unauthorized removal of the device.
17 * * *
18 O. Any driver statutorily required to utilize and maintain an ignition
19 interlock device shall be in and remain in compliance with the standards set
20 forth in Subsection M(2) of this Section. Upon notice to the Department of
21 Public Safety and Corrections, the department shall extend the period the
22 ignition interlock device is required by an additional six months and further
23 restrict the driver's license. The department shall notify the driver that his
24 driver's license will be restricted for an additional six months. A report of such
25 noncompliance shall be issued by the manufacturer to the department in
26 accordance with Subsection H of this Section.
27 * * *
28 §414. Suspension, revocation, renewal, and cancellation of licenses; judicial review
29 A.(1) * * *
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1 (c) * * *
2 (i) Upon first conviction, if the offender had a blood alcohol concentration
3 of 0.20 percent or greater, his driver's license shall be suspended for two years and
4 he shall be issued a restricted driver's license for the entire period of the suspension
5 after he has provided proof to the department that his motor vehicle is equipped with
6 a functioning ignition interlock device. A functioning ignition interlock device shall
7 remain installed on his vehicle during the first twelve-month period of the
8 suspension of his driver's license.
9 (ii) Upon second conviction, if the offender has a blood alcohol concentration
10 of 0.20 percent or greater, his driver's license shall be suspended for four years. The
11 offender shall be eligible for a restricted license after a period of forty-five days of
12 suspension for the remainder of for the four-year period of suspension after he has
13 provided proof to the department that his motor vehicle is equipped with a
14 functioning ignition interlock device. A functioning ignition interlock device shall
15 remain installed on his vehicle during the first three-year period of the four-year
16 period of the suspension of his driver's license.
17 * * *
18 D.(1) * * *
19 (b) Any licensee who has had his license suspended for operating a motor
20 vehicle while under the influence of alcoholic beverages under the provisions of this
21 Subsection shall be eligible to apply for a restricted driver's license after a period of
22 twelve months upon proof that his motor vehicle has been equipped with a
23 functioning ignition interlock device. The ignition interlock device shall remain on
24 the motor vehicle for not less than six months from the date the restricted driver's
25 license is granted. In the event that the department fails or refuses to issue the
26 restricted driver's license, the district court for the parish in which the licensee
27 resides may issue an order directing the department to issue the restricted license
28 either by ex parte order or after contradictory hearing.
29 * * *
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1 §667. Seizure of license; circumstances; temporary license
2 * * *
3 B. If such written request is not made by the end of the thirty-day period, the
4 person's license shall be suspended as follows:
5 (1) * * *
6 (b) On or after September 30, 2003, if If the person submitted to the test and
7 the test results show a blood alcohol level of 0.08 percent or above by weight, his
8 driving privileges shall be suspended for ninety days from the date of suspension on
9 first offense violation, without eligibility for a hardship license for the first thirty
10 days, and for three hundred sixty-five days from the date of suspension, without
11 eligibility for a hardship license, on second and subsequent violations occurring
12 within five years of the first offense. If the person was under the age of twenty-one
13 years on the date of the test and the test results show a blood alcohol level of 0.02
14 percent or above by weight, his driving privileges shall be suspended for one
15 hundred eighty days from the date of suspension.
16 * * *
17 (3) * * *
18 (b) If the person submitted to the test as a result of a first violation and the
19 test results show a blood alcohol level of 0.20 percent or above by weight, he shall
20 be eligible for a hardship license during the entire period of the imposed two-year
21 suspension after he has provided proof that his motor vehicle has been equipped with
22 an ignition interlock device. A functioning ignition interlock device shall remain
23 installed on his motor vehicle during the first twelve-month period of his driver's
24 license suspension.
25 (c) If the person submitted to the test as a result of a second violation and the
26 test results show a blood alcohol level of 0.20 percent or above by weight, he shall
27 be eligible for a hardship license during the entire four-year period of the suspension
28 after he has provided proof that his motor vehicle has been equipped with an ignition
29 interlock device. A functioning ignition interlock device shall remain installed on his
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1 motor vehicle during the first three-years of the four-year period of his driver's
2 license suspension.
3 * * *
4 I.(1) In addition to any other provision of law, an ignition interlock device
5 shall be installed in any motor vehicle operated by any of the following persons
6 whose driver's license has been suspended in connection with the following
7 circumstances as a condition of the reinstatement of such the person's driver's
8 license:
9 (a) Any person who has refused to submit to an approved chemical test for
10 intoxication, after being requested to do so, for a second or subsequent arrest of R.S.
11 14:98 or 98.6 or a parish or municipal ordinance that prohibits operating a vehicle
12 while intoxicated and whose driver's license has been suspended in accordance with
13 law.
14 * * *
15 §668. Procedure following revocation or denial of license; hearing; court review;
16 review of final order; restricted licenses
17 * * *
18 B.(1)(a) In a case of first or second refusal, or a first or second submission
19 to a test for intoxication, and when there has been no prior suspension of the driver's
20 license, if suspension is otherwise proper, upon a showing of proof satisfactory to the
21 department that an approved and functioning ignition interlock device has been
22 installed in the vehicle the person shall drive, and that the suspension of driving
23 privileges would prevent the person from earning a livelihood, the department may:
24 Section 4. This Act shall be known and may be cited as "Bowling, Coss, and Dufrene
25 Drunk Driving Prevention Act."
26 * * *
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Archana D. Cadge.
DIGEST
SB 82 Engrossed 2023 Regular Session Fesi
Present law provides the court require a first offense operating while intoxicated offender
not operate a motor vehicle during the period of probation unless the vehicle is equipped
with a functioning ignition interlock device that shall remain installed and operative during
the first twelve-month period of suspension of his driver's license following the date of
conviction.
Proposed law changes the first offense time frame the interlock device must remain on the
offenders vehicle from the first twelve-month period to the entire period of suspension.
Present law provides the court require a second offense operating while intoxicated offender
not operate a motor vehicle during the period of probation unless the vehicle is equipped
with a functioning ignition interlock device that shall remain installed and operative during
the first three years of the four-year period of the suspension of his driver's license.
Proposed law changes the second offense timeframe the interlock device must remain on the
offenders vehicle from the first three years of the four-year period of the suspension to the
entire four-year period of suspension.
Proposed law provides the Department of Public Safety and Corrections, office of state
police promulgate rules and regulations to establish and monitor compliance with an ignition
interlock affordability plan for individuals that demonstrate economic hardship who are
required to install an ignition interlock device.
Proposed law establishes requirements and provides for payment for individuals who qualify
for the "affordability plan" with economic hardship designation.
Proposed law provides an ignition interlock manufacturer or ignition interlock service center
shall not refuse service to an individual that has demonstrated eligibility for the affordability
plan. Proposed law further provides an individual who has been refused service, may file a
complaint with the Department of Public Safety and Corrections, office of state police,
applied technology unit and establishes the requirements for the investigation and appeal by
an ignition interlock manufacturer or ignition interlock service center. Proposed law
regarding complaints for refusal of service are effective August 1, 2024.
Proposed law makes technical changes.
Present law provides credit towards suspension time or any reinstatement requirement not
be given if the manufacturer reports to the Department of Public Safety and Corrections that
any combination or a repeat of two of eight listed violations have occurred in a one-month
period.
Proposed law changes the requirements for credit toward suspension from a combination or
a repeat of two of eight listed violations, to only one of the eight violations and the
occurrence does not have to be a repeat violation.
Proposed law provides upon notice of a violation, the Department of Public Safety and
Corrections is required to extend the period the ignition interlock device by an additional six
months and further restrict the driver's license.
Present law provides after the first conviction, along with other requirements, a functioning
ignition interlock device shall remain installed on the offender's vehicle during the first
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twelve-month period of the suspension of his driver's license. Proposed law changes the
suspension period from the first twelve-month period to the entire period the driver's license
is suspended.
Present law provides after the second conviction, along with other requirements, a
functioning ignition interlock device shall remain installed on the offender's vehicle during
the first three-year period of the four-year period of the suspension of his driver's license.
Proposed law changes the suspension period from the first three-year period to the entire
four year period the driver's license is suspended.
Present law provides any licensee who has had his license suspended for operating a motor
vehicle, under the influence of alcoholic beverages is eligible to apply for a restricted driver's
license after a period of twelve months and proof the motor vehicle has been equipped with
an ignition interlock device. Proposed law changes the period of eligibility for restricted
license from proof the vehicle has been equipped with an interlocking device and a period
of twelve months to no waiting period.
Present law provides an offender shall be eligible for a restricted license after a period of
forty-five days of suspension for the remainder of the four-year period of suspension.
Proposed law provides a functioning ignition interlock device shall remain installed on his
vehicle during the entire four-year period of the suspension.
Proposed law provides that proposed law shall be known and cited as the "Bowling, Coss,
and Dufrene Drunk Driving Prevention Act"
Effective August 1, 2023.
(Amends R.S. 14:98.1(A)(3)(c) and 98.2(A)(3)(c), R.S. 32:378.2(A), (B)(1)(a)(ii)(aa) and
(bb), (H), and (M)(2), and 414(A)(1)(c)(i) and (ii) and (D)(1)(b), 667(B)(1)(b) and (3)(b) and
(c), and (I)(1)(a), and 668(B)(1)(a)(intro para); adds R.S. 15:307.1 and R.S. 32:378.2(O))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill
1. Provides for an effective date for implementation by state police regarding
complaints for refusal of service.
2. Provides for the Act to be known and cited as the "Bowling, Coss, and
Dufrene Drunk Driving Prevention Act".
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words in boldface type and underscored are additions.