2023 Regular Session ENROLLED
SENATE BILL NO. 82
BY SENATORS FESI, CLOUD, HENRY, MILLIGAN, MORRIS, POPE, STINE,
TALBOT AND WHITE AND REPRESENTATIVES CORMIER,
EDMONSTON, FIRMENT, FREIBERG, GAROFALO, HORTON,
MOORE, SELDERS AND WRIGHT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
1 AN ACT
2 To amend and reenact R.S. 32:378.2(H) and (M)(2), 414(A)(1)(c)(ii) and (D)(1)(b), and the
3 introductory paragraph of 667(B) and (1)(b), and to enact R.S. 15:307.1 and R.S.
4 32:378.2(O), relative to ignition interlock devices; to provide standards for
5 compliance with ignition interlock devices; to make technical changes; to provide
6 relative to restricted driver's licenses; to extend the amount of time that a driver is
7 required to have an ignition interlock device upon notice of noncompliance; to
8 provide an ignition interlock affordability plan; and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 15:307.1 is hereby enacted to read as follows:
11 §307.1. Ignition interlock affordability
12 A. The Department of Public Safety and Corrections, office of state
13 police shall promulgate rules and regulations to establish and monitor
14 compliance with an ignition interlock affordability plan for individuals that
15 demonstrate economic hardship who are required to install an ignition interlock
16 device.
17 B. The requirement to demonstrate economic hardship shall be satisfied
18 if an individual required to have the ignition interlock device is eligible for the
19 Supplemental Nutrition Assistance Program (SNAP), Medicaid, Social Security
20 Disability Insurance (SSDI), income from social security, or a judge's order for
21 services of an indigent public defender (IPD) when the defendant demonstrated
22 income below one hundred twenty-five percent of the federal poverty level.
23 C. Individuals that meet the economic hardship standard shall be
24 required to pay no more than fifty percent of fees assessed by the ignition
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1 interlock service center for installation, monthly calibration, lease, and removal
2 of the device.
3 D. Individuals that meet the economic hardship standard are responsible
4 for any optional services an individual elects, fees related to any noncompliance
5 as provided for in R.S. 32:378.2, state-mandated fees, and any costs related to
6 damaged, missing or unreturned equipment, and recovery of such equipment.
7 E. Individuals become eligible for the affordability plan on the date that
8 the individual provides the ignition interlock manufacturer, or ignition
9 interlock service center, acceptable documentation verifying that the individual
10 meets the standard for economic hardship. Continued eligibility may be verified
11 at the discretion of the ignition interlock manufacturer or ignition interlock
12 service center. Acceptable forms of documentation shall include an eligibility
13 card or qualifying letter for SNAP, Medicaid, SSDI, or SSI administered by the
14 Social Security Administration, or a judge's order for an indigent public
15 defender as described in this Section. If the documentation does not name the
16 individual required to install the ignition interlock device, the individual shall
17 be required to sign a notarized affidavit provided by the Department of Public
18 Safety and Corrections attesting to his eligibility for SNAP, Medicaid, SSDI, or
19 SSI on a state-approved form.
20 F. An ignition interlock manufacturer or ignition interlock service center
21 shall not refuse service to an individual that has demonstrated eligibility for the
22 affordability plan in accordance with this Section.
23 G. An individual who has been refused service, after providing the
24 documentation required in this Section to an ignition interlock manufacturer
25 or ignition interlock service center, may file a complaint with the Department
26 of Public Safety and Corrections, office of state police, applied technology unit.
27 Effective August 1, 2024, all complaints for refusal of service shall be
28 investigated by the office of state police, applied technology unit, within thirty
29 days of receipt of the complaint.
30 H. If the investigation substantiates the refusal of service, the
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1 Department of Public Safety and Corrections, office of state police, applied
2 technology unit, may issue a warning, suspension, or revocation of the
3 certification for the ignition interlock manufacturer or the ignition interlock
4 service center based on the facts of the investigation and the history of
5 complaints related to the manufacturer or service center. An ignition interlock
6 manufacturer or ignition interlock service center may appeal any suspension or
7 revocation issued pursuant to this Subsection.
8 Section 2. R.S. 32:378.2(H) and (M)(2), 414(A)(1)(c)(ii) and (D)(1)(b), and the
9 introductory paragraph of 667(B) and (1)(b) are hereby amended and reenacted, and R.S.
10 32:378.2(O) is hereby enacted to read as follows:
11 §378.2. Ignition interlock devices; condition of probation for certain DWI offenders;
12 restricted license
13 * * *
14 H. The person whose driving privilege is restricted pursuant to this Section
15 shall have the system monitored by the manufacturer, at the manufacturer's expense,
16 for proper use at least bi-monthly every thirty days, and more frequently as the
17 court may order, on the operation of each interlocking ignition interlock device in
18 the person's vehicles. A report of such monitoring shall be issued by the
19 manufacturer to the court and the department within fourteen days after the system
20 is monitored. However, the report issued to the department shall be in an electronic
21 format specified by the department.
22 * * *
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:
30 (a)(i) Tampering with the device.
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1 (b)(ii) Circumventing the device.
2 (c) Failure to bring the ignition interlock device in for required service.
3 (d) Failure to take or pass a re-test.
4 (e) Failure to pass a breath test.
5 (f) Use of the emergency override feature without justification.
6 (b) The restricted operator fails to have the ignition interlock device
7 serviced by an approved ignition interlock provider every thirty days, more
8 than two times during the period of installation.
9 (c) The device has recorded any of the following, or any combination of
10 the following, three or more times in a thirty-day period:
11 (i) Failure to take or pass an initial breath test where pass is defined as
12 a breath alcohol concentration less than 0.02g of alcohol per 210L of breath.
13 (ii) Failure to take or pass a retest where pass is defined as a breath
14 alcohol concentration less than 0.02g of alcohol per 210L of breath.
15 (g)(d) Unauthorized removal of the device.
16 * * *
17 O.(1) Any driver statutorily required to utilize and maintain an ignition
18 interlock device shall be in and remain in compliance with the standards set
19 forth in Paragraph (M)(2) of this Section. Upon notice to the Department of
20 Public Safety and Corrections of any violations of Paragraph (M)(2) of this
21 Section, the department shall further restrict the driver's license and extend the
22 period the ignition interlock device is required as follows:
23 (a) One month if the ignition interlock device was installed pursuant to
24 a first offense of any violation provided for in Subsection (B)(1) of this Section.
25 (b) Six months if the ignition interlock device was installed pursuant to
26 a second or subsequent offense of any violation provided for in Subsection
27 (B)(1) of this Section.
28 (2) The department shall notify the driver that his driver's license will
29 be restricted for the length of time provided in Paragraph (1) of this Subsection.
30 (3) A report of such noncompliance shall be issued by the manufacturer
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1 to the department in accordance with Subsection H of this Section.
2 * * *
3 §414. Suspension, revocation, renewal, and cancellation of licenses; judicial review
4 A.(1) * * *
5 (c) * * *
6 (ii) Upon second conviction, if the offender has a blood alcohol concentration
7 of 0.20 percent or greater, his driver's license shall be suspended for four years. The
8 offender shall be eligible for a restricted license after a period of forty-five days of
9 suspension for the remainder of for the four-year period of suspension after he has
10 provided proof to the department that his motor vehicle is equipped with a
11 functioning ignition interlock device. A functioning ignition interlock device shall
12 remain installed on his vehicle during the first three-year period of the four-year
13 period of the suspension of his driver's license.
14 * * *
15 D.(1) * * *
16 (b) Any licensee who has had his license suspended for operating a motor
17 vehicle while under the influence of alcoholic beverages under the provisions of this
18 Subsection shall be eligible to apply for a restricted driver's license after a period of
19 twelve months upon proof that his motor vehicle has been equipped with a
20 functioning ignition interlock device. The ignition interlock device shall remain on
21 the motor vehicle for not less than six months from the date the restricted driver's
22 license is granted. In the event that the department fails or refuses to issue the
23 restricted driver's license, the district court for the parish in which the licensee
24 resides may issue an order directing the department to issue the restricted license
25 either by ex parte order or after contradictory hearing.
26 * * *
27 §667. Seizure of license; circumstances; temporary license
28 * * *
29 B. If such written request is not made by the end of the thirty-day period, the
30 person's license shall be suspended as follows:
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1 (1) * * *
2 (b) On or after September 30, 2003, if If the person submitted to the test and
3 the test results show a blood alcohol level of 0.08 percent or above by weight, his
4 driving privileges shall be suspended for ninety days from the date of suspension on
5 first offense violation, without eligibility for a hardship license for the first thirty
6 days, and for three hundred sixty-five days from the date of suspension, without
7 eligibility for a hardship license, on second and subsequent violations occurring
8 within five years of the first offense. If the person was under the age of twenty-one
9 years on the date of the test and the test results show a blood alcohol level of 0.02
10 percent or above by weight, his driving privileges shall be suspended for one
11 hundred eighty days from the date of suspension.
12 * * *
13 Section 3. This Act shall be known and may be cited as "Bowling, Coss, and Dufrene
14 Drunk Driving Prevention Act".
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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