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ACT No. 7212026 Regular Session
HOUSE BILL NO. 1244 (Substitute for House Bill No. 679 by Representative
Ventrella)
BY REPRESENTATIVES VENTRELLA, BOUDREAUX, BOYD, BROUSSARD,
BRYANT, CHASSION, EDMONSTON, JACKSON, KNOX, LAFLEUR, TERRY
LANDRY, LYONS, MARCELLE, MARTINEZ, MOORE, SPELL, TAYLOR,
THOMPSON, WALTERS, AND WILEY AND SENATORS ABRAHAM,
CARTER, CONNICK, MCMATH, PRICE, AND WHEAT
1 AN ACT
2 To amend and reenact R.S. 32:412(Section heading) and (R) and to enact R.S. 32:412(S),
3 relative to driver's license designations; to provide for the establishment of a brain
4 injury designation on driver's licenses; to provide for the criteria for obtaining the
5 designation for new applicants and renewals; to provide for penalties for persons
6 making false statements to obtain a brain injury special designation; to require the
7 implementation of law enforcement officer training; to provide for rulemaking; and
8 to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 32:412(Section heading) and (R) are hereby amended and reenacted
11 and R.S. 32:412(S) is hereby enacted to read as follows:
12 §412. Amount of fees; credit or refund; duration of license; veteran designation;
13 special needs or accommodation designations; brain injury designation;
14 disbursement of funds; renewal by mail or electronic commerce of Class "D"
15 or "E" drivers' licenses; disposition of certain fees; exception
16 * * *
17 R.(1) Upon request of an applicant for a driver's license, a designation that
18 the applicant has a brain injury shall be exhibited on the driver's license upon
19 presentation of a statement from a qualified medical or mental health professional
20 licensed in Louisiana or any other state or territory of the United States verifying the
21 applicant's disability as established by administrative rule. The qualified medical or
22 mental health professional shall be authorized to diagnose brain injuries. No
23 additional fee shall be charged to include this designation.
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1 (2) Upon the renewal of a driver's license, a driver who has a brain injury
2 shall provide a statement from a qualified medical or mental health professional
3 licensed in Louisiana or any other state or territory of the United States verifying his
4 disability as established by administrative rule.
5 (3) Any person who has not been diagnosed with a brain injury who willfully
6 and falsely represents himself as having the qualifications to obtain the special
7 designation authorized by this Subsection shall be fined not less than one hundred
8 dollars nor more than two hundred fifty dollars, or shall be imprisoned for not more
9 than thirty days, or both. Any subsequent offense shall result in a fine of not less than
10 two hundred fifty dollars nor more than five hundred dollars, or imprisonment for
11 not more than ninety days, or both.
12 (4) In addition to the training requirements contained in R.S. 40:2404.2(C),
13 the Louisiana Commission on Law Enforcement and Administration of Criminal
14 Justice shall establish and implement law enforcement training relative to law
15 enforcement officers' interactions with persons with a brain injury. The training shall
16 instruct law enforcement officers on sensitivity and awareness to ensure equitable
17 treatment and how to effectively communicate and interact with persons with a brain
18 injury. At a minimum, the training shall include the following:
19 (a) Identification of indicators that a person has a brain injury.
20 (b) Identification of procedures that an officer should employ when
21 encountering a person with a brain injury.
22 (c) Demonstrations of communication and interactive techniques required
23 to effectively interact with a person with a brain injury.
24 (d) Explanations that provide law enforcement officers with an
25 understanding of the brain injury and examples of unexpected actions that could
26 potentially be taken by persons diagnosed with a brain injury.
27 (e) Explanations of the resources available to assist an officer encountering
28 a person with a brain injury.
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1 (f) Descriptions of the procedures an officer should use to ensure compliance
2 with the Americans with Disabilities Act when encountering a person with a brain
3 injury.
4 (5) The deputy secretary of the Department of Public Safety and Corrections,
5 public safety services, shall promulgate rules and regulations as necessary to
6 implement the provisions of this Subsection, including a waiver of liability for the
7 release of any medical information. Notwithstanding the provisions of R.S.
8 49:966(B)(12), the House and Senate committees on transportation, highways and
9 public works shall have oversight of the adoption of rules and regulations required
10 by this Subsection.
11 R. S. An applicant for any class of license may choose to donate one dollar
12 in addition to any license fee required by this Section to the Louisiana Military
13 Family Assistance Fund.
14 Section 2. This Act shall be known as "Riley's Law".
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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