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ACT No. 1172026 Regular Session
HOUSE BILL NO. 82
BY REPRESENTATIVE VILLIO
1 AN ACT
2 To amend and reenact R.S. 14:98.2(D)(introductory paragraph), 98.3(A)(1) and (C), and
3 98.4(A)(1), (C), and (D) and to enact R.S. 14:98.3(D) and 98.4(E), relative to driving
4 while intoxicated; to provide enhanced penalties for offenders with previous driving-
5 related offenses; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 14:98.2(D)(introductory paragraph), 98.3(A)(1) and (C), and
8 98.4(A)(1), (C), and (D) are hereby amended and reenacted and R.S. 14:98.3(D) and 98.4(E)
9 are hereby enacted to read as follows:
10 §98.2. Operating while impaired; second offense; penalties
11 * * *
12 D. Notwithstanding any other provision of law to the contrary, on a
13 conviction of a second offense violation of R.S. 14:98, and regardless of whether the
14 second offense occurred before or after the first conviction, when the first offense
15 was for the crime of vehicular homicide in violation of R.S. 14:32.1, third degree
16 feticide in violation of R.S. 14:32.8, or first degree vehicular negligent injuring in
17 violation of R.S. 14:39.2, or an equivalent law or laws of any state, the offender shall
18 be fined two thousand dollars and imprisoned, with or without hard labor, for not less
19 than one year two years nor more than five years. At least six months one year of
20 the sentence of imprisonment imposed shall be without benefit of parole, probation,
21 or suspension of sentence except sentence. Except in compliance with R.S.
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1 14:98.5(B)(1), the mandatory minimum sentence cannot shall not be served on home
2 incarceration.
3 * * *
4 §98.3. Operating while impaired; third offense; penalties
5 A.(1) Except as provided in Subsection B Subsections B and C of this
6 Section, on a conviction of a third offense violation of R.S. 14:98, regardless of
7 whether the third offense occurred before or after a previous conviction, the offender
8 shall be fined two thousand dollars and shall be imprisoned, with or without hard
9 labor, for not less than one year nor more than five years. Except as provided in
10 Paragraph (2) of this Subsection, at least one year of the sentence imposed shall be
11 served without benefit of parole, probation, or suspension of sentence. Except in
12 compliance with R.S. 14:98.5(B)(1), the mandatory minimum sentence cannot be
13 served on home incarceration.
14 * * *
15 C.(1) If the offender has previously been convicted for the crime of vehicular
16 homicide in violation of R.S. 14:32.1, third degree feticide in violation of R.S.
17 14:32.8, or first degree vehicular negligent injuring in violation of R.S. 14:39.2, or
18 an equivalent law or laws of any state, then on a conviction of a third or subsequent
19 offense violation of R.S. 14:98, notwithstanding any other provision of law to the
20 contrary and regardless of whether the offense occurred before or after an earlier
21 conviction, the offender shall be fined two thousand dollars and imprisoned, with or
22 without hard labor, for not less than five nor more than fifteen years. At least five
23 years of the sentence imposed shall be served without benefit of parole, probation,
24 or suspension of sentence. Except in compliance with R.S. 14:98.5(B)(1), the
25 mandatory minimum sentence shall not be served on home incarceration.
26 (2) Except where inconsistent with the provisions of this Subsection, the
27 conditions of probation include but are not limited to the conditions of probation
28 provided by Paragraph (A)(3) of this Section, except that the offender shall not be
29 sentenced to substance abuse treatment provided for by Items (A)(3)(b)(i) and (ii)
30 of this Section. Nothing in this Section prohibits the court from ordering substance
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1 abuse treatment if it determines that the offender is able to pay for the substance
2 abuse treatment.
3 C. D. In addition to any other penalty, the court shall order, upon motion of
4 the prosecuting district attorney, that the vehicle being operated by the offender at
5 the time of the offense be seized and impounded, and sold at auction in accordance
6 with the provisions of R.S. 14:98(F).
7 §98.4. Operating while impaired; fourth offense; penalties
8 A.(1) Except as modified by Subparagraphs (a) and (b) of this Paragraph, or
9 as provided by Subsections B and C B, C, and D of this Section, on a conviction of
10 a fourth or subsequent offense violation of R.S. 14:98, regardless of whether the
11 fourth offense occurred before or after an earlier conviction, the offender shall be
12 fined five thousand dollars and imprisoned, with or without hard labor, for not less
13 than ten years nor more than thirty years. Two years of the sentence of
14 imprisonment shall be imposed without benefit of parole, probation, or suspension
15 of sentence. Except in compliance with R.S. 14:98.5(B)(1), the mandatory minimum
16 sentence cannot be served on home incarceration.
17 * * *
18 C. If the offender has previously been convicted for the crime of vehicular
19 homicide in violation of R.S. 14:32.1, third degree feticide in violation of R.S.
20 14:32.8, or first degree vehicular negligent injuring in violation of R.S. 14:39.2, or
21 an equivalent law or laws of any state, then on a conviction of a fourth or subsequent
22 offense violation of R.S. 14:98, notwithstanding any other provision of law to the
23 contrary and regardless of whether the offense occurred before or after an earlier
24 conviction, the offender shall be fined five thousand dollars and imprisoned, with or
25 without hard labor, for not less than twelve years nor more than thirty years. No part
26 of the sentence shall be imposed with benefit of parole, probation, or suspension of
27 sentence, and no portion of the sentence shall be imposed concurrently with the
28 remaining balance of any sentence to be served for a prior conviction for any
29 offense.
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1 C. D. If the offender has previously received the benefit of parole, probation,
2 or suspension of sentence on a conviction of a fourth or subsequent offense violation
3 of R.S. 14:98, then on a subsequent conviction of a fourth or subsequent offense,
4 notwithstanding any other provision of law to the contrary and regardless of whether
5 the offense occurred before or after an earlier conviction, the offender shall be fined
6 five thousand dollars and imprisoned at hard labor for not less than ten nor more than
7 thirty years. No part of the sentence shall be imposed with benefit of parole,
8 probation, or suspension of sentence, and no portion of the sentence shall be imposed
9 concurrently with the remaining balance of any sentence to be served for a prior
10 conviction for any offense.
11 D. E. In addition to any other penalty, the court shall order, upon motion of
12 the prosecuting district attorney, that the vehicle being operated by the offender at
13 the time of the offense be seized and impounded, and sold at auction in accordance
14 with the provisions of R.S. 14:98(F).
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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