RDCSB401 4274 4450
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)]
SB 401 Reengrossed 2024 Regular Session Reese
Present law provides that vehicular negligent injuring is the inflicting of any injury on
another when caused proximately or caused directly by an offender engaged in the operation
of, or in actual physical control of, any motor vehicle, aircraft, watercraft, or other means
of conveyance when, among other factors, the offender's blood alcohol concentration (BAC)
is 0.08% or more by weight based on grams of alcohol per one hundred cubic centimeters
of blood.
Present law provides that whoever commits the crime of vehicular negligent injuring shall
be fined up to $1,000, or imprisoned for up to six months, or both.
Proposed law provides that, if the offender had a BAC at the time of the commission of the
offense of at least 0.15 but less than 0.20, he shall be fined not more than $1,000 and
imprisoned for not less than seven days nor more than six months. At least seven days shall
be served without the benefit of probation or suspension of sentence.
Proposed law further provides that, if the offender had a BAC at the time of the commission
of the offense of 0.20 or more, he shall be fined not more than $1,000 and imprisoned for
not less than 30 days nor more than six months. At least 30 days shall be served without the
benefit of probation or suspension of sentence.
Proposed law otherwise retains present law.
Present law provides that first degree vehicular negligent injuring is the inflicting of serious
bodily injury on another when caused proximately or caused directly by an offender engaged
in the operation of, or in actual physical control of, any motor vehicle, aircraft, watercraft,
or other means of conveyance when, among other factors, the offender's BAC is 0.08% or
more.
Present law provides that whoever commits the crime of first degree vehicular negligent
injuring shall be fined up to $2,000, or imprisoned with or without hard labor for up to five
years, or both.
Proposed law increases the maximum fine from $2,000 to $5,000 and the maximum prison
term, with or without hard labor, from five years to 10 years.
Proposed law provides that if the offender had a BAC at the time of commission of the
offense of at least 0.15, or if the offender has a prior conviction for operating a vehicle while
intoxicated, then he shall be fined not more than $5,000 and imprisoned with or without hard
labor for not less than two years nor more than 10 years. Further provides that at least two
years shall be served without benefit of probation, parole, or suspension of sentence.
Proposed law also provides that an offender placed on probation shall, as a condition of his
probation, participate in a court-approved substance abuse treatment program. Proposed law
further provides that the court may order an offender to successfully complete a court-
approved driver improvement program as a condition of his probation.
Proposed law provides that first degree vehicular negligent injuring is designated as a crime
of violence when the offender's BAC was at least 0.20 at the time of the offense.
Effective Aug. 1, 2024.
(Amends R.S. 14:39.1(C) and 39.2(D); adds R.S. 14:2(B)(62))
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Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Technical amendments
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the reengrossed bill:
1. Specify that the term of imprisonment shall be with or without hard labor for any
person who commits the offense of first degree vehicular negligent injuring with
either a BAC of at least 0.15 or a prior conviction for operating a vehicle while
intoxicated.
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