Louisiana Senate Bill SB47

Louisiana 2015 Regular Session

• Introduced: 3/27/15
• Refer: 3/27/15
• Refer: 4/13/15
• Report Pass: 5/12/15
• Engrossed: 6/2/15
• Refer: 6/3/15
• Report Pass: 6/7/15
• Enrolled: 6/10/15
• Chaptered: 7/1/15
• Passed: 7/1/15

Caption

Provides technical changes to current law relative to the crime of driving while intoxicated. (gov sig)

Impact

One of the key impacts of SB 47 is the modification of the jurisdictional aspects related to DWI prosecutions, which may lead to increased consistency in how intoxicated driving offenses are adjudicated across various local jurisdictions. By specifying that certain offenses need to be addressed in district courts, it underscores the seriousness of repeat offenses while allowing lesser infractions to be handled at the local level. The bill also addresses the allocation of fines and penalties collected, ensuring that they are properly distributed among local governing authorities and the state.

Summary

Senate Bill 47 addresses the technical aspects surrounding the prosecution of operating a vehicle while intoxicated (DWI) in Louisiana. The bill amends existing law to clarify the concurrent jurisdiction of city, parish, and municipal courts in DWI cases, except in instances where an individual is charged as a third or subsequent offender, which would necessitate prosecution solely in district court. This aligns the enforcement process more closely with the statewide trafficking laws and aims to streamline the legal framework governing DWI offenses.

Sentiment

The sentiment surrounding SB 47 appears largely supportive, given that it seeks to refine existing laws to enhance clarity and improve the prosecution process for DWI offenses. While some may argue that it centralizes power away from local courts, the overall perspective seems to focus on the need for streamlined enforcement of intoxication-related driving laws. By making clear distinctions over jurisdictional matters, it is suggested that the law would help in facilitating a more uniform approach toward handling DWI cases.

Contention

Notable points of contention revolve around whether this bill diminishes local judicial authority in handling DWI offenses. Opponents could raise concerns that centralizing prosecution responsibilities in district courts for repeat offenders may undermine local considerations. Critics may argue that it reduces the flexibility local courts might have in addressing unique community circumstances and the specifics of local enforcement practices regarding intoxicated driving.