DWI: Provides relative to driving while intoxicated (EN NO IMPACT See Note)

ENROLLED
ACT No. 8122026 Regular Session
HOUSE BILL NO. 552
BY REPRESENTATIVE BRYANT
1 AN ACT
2 To amend and reenact R.S. 13:1894.1(A) and (B) and 1894.2(A)(introductory paragraph),
3 R.S. 32:662.1, and Code of Criminal Procedure Article 814(A)(9) and (10), relative
4 to driving while intoxicated or impaired; to add "impaired" to certain provisions of
5 law regarding intoxication; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 13:1894.1(A) and (B) and 1894.2(A)(introductory paragraph) are
8 hereby amended and reenacted to read as follows:
9 §1894.1. Driving while intoxicated or impaired,; prosecutions for violation required
10 to be filed under general state law; city and municipal courts
11 A. Notwithstanding any other provision of law to the contrary, prosecutions
12 in any city, parish, or municipal court based on or arising out of the operation of a
13 vehicle by a person while intoxicated or impaired may be charged and prosecuted
14 under pursuant to the provisions of R.S. 14:98 or under any applicable city, parish,
15 or municipal ordinance that incorporates the standards, elements, and sentences of
16 the offense of driving while intoxicated or impaired contained in R.S. 14:98. Any
17 conviction for a first or second offense or the entry of a plea of guilty and sentence
18 based on such plea or the forfeiture of bail of any person having been charged with
19 a first or second violation of R.S. 14:98 in any such city, parish, or municipal court
20 shall be punishable in accordance with the provisions of R.S. 14:98(D)(1) or (2),
21 whichever is applicable. Any conviction for a first or second offense or the entry of
22 a plea of guilty and sentence based on such plea or the forfeiture of bail of any
23 person having been charged with a first or second violation of the applicable city,
24 parish, or municipal ordinance in any such city, parish, or municipal court shall be
25 punishable in accordance with the provisions of the ordinance and shall constitute
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HB NO. 552 ENROLLED
1 a conviction under pursuant to R.S. 14:98 for purposes of determining the number
2 of prior convictions in a proceeding under R.S. 14:98.
3 B. For purposes of this Section, all city, parish, and municipal courts shall
4 have concurrent jurisdiction with the district courts over violations otherwise subject
5 to their jurisdiction provided for by R.S. 14:98, except in those cases wherein the
6 person or defendant is charged as a third or subsequent offender under the provisions
7 of R.S. 14:98(D)(3) or (D)(4), whichever is applicable. If the charge is for a third or
8 subsequent offense, the prosecution shall be had only in the district court and the
9 defendant shall have the right to a trial by jury. However, mayors' courts shall have
10 no jurisdiction whatsoever over violations as provided for by R.S. 14:98, nor to the
11 trial of offenses against municipal ordinances relative to prosecutions on charges of
12 driving while intoxicated or impaired.
13 * * *
14 §1894.2. Additional costs; certain violations
15 A. Notwithstanding any other provision of law to the contrary, and in
16 addition to any fines, forfeitures, costs, or penalties, a person convicted of a felony,
17 a misdemeanor, or a violation of local ordinance, including a traffic felony,
18 misdemeanor, or local traffic violation, shall be assessed an additional cost in any
19 matter where the use of alcohol was a factor involved in the commission of a crime.
20 Any court that designates by rule, divisions, or sections of the court as a specialized
21 division or section having subject matter jurisdiction for alcohol related offenses
22 including driving while intoxicated or impaired, shall assess the following costs:
23 * * *
24 Section 2. R.S. 32:662.1 is hereby amended and reenacted to read as follows:
25 §662.1. Admissibility
26 In all criminal cases where intoxication or impairment is an issue, any
27 certificate or writing made in accordance with the provisions of R.S. 32:663,
28 including but not limited to intoxilyzer instrument recertification forms, and other
29 certificates or writings made with respect to the chemical analyses of a person's
30 blood, urine, breath, or other bodily substance, shall be admissible as evidence.
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HB NO. 552 ENROLLED
1 Section 3. Code of Criminal Procedure Article 814(A)(9) and (10) are hereby
2 amended and reenacted to read as follows:
3 Art. 814. Responsive verdicts; in particular
4 A. The only responsive verdicts which may be rendered when the indictment
5 charges the following offenses are:
6 * * *
7 9. Vehicular negligent injuring:
8 Guilty.
9 Guilty of negligent injuring.
10 Guilty of operating a vehicle while intoxicated or impaired.
11 Not guilty.
12 10. First degree vehicular negligent injuring:
13 Guilty.
14 Guilty of vehicular negligent injuring.
15 Guilty of negligent injuring.
16 Guilty of operating a vehicle while intoxicated or impaired.
17 Not guilty.
18 * * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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