Struck = removed from the bill ·
added = the amendment's new text.
ENROLLEDHFAHB1244 4931 4419 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS Regular Session HOUSEAmendments BILLproposed NO.by Representative Ventrella to Engrossed House Bill No.
1244 (Substituteby forRepresentative HouseVentrella BillAMENDMENT No.NO.
6793 byOn Representativepage Ventrella)2, BYline REPRESENTATIVES11, VENTRELLA,after BOUDREAUX,"this" BOYD,and BROUSSARD,before BRYANT,CHASSION,EDMONSTON,JACKSON,KNOX,LAFLEUR,TERRY"shall" LANDRY,change LYONS,"Section" MARCELLE,to MARTINEZ,"Subsection" MOORE,Page SPELL,1 TAYLOR,of THOMPSON,1 WALTERS,CODING: AND WILEY AND SENATORS ABRAHAM, CARTER, CONNICK, MCMATH, PRICE, AND WHEAT AN ACT To amend and reenact R.S.
32:412(Section heading) and (R) and to enact R.S.
32:412(S), relative to driver's license designations;
to provide for the establishment of a brain injury designation on driver's licenses;
to provide for the criteria for obtaining the designation for new applicants and renewals;
to provide for penalties for persons making false statements to obtain a brain injury special designation;
to require the implementation of law enforcementofficer training;
to provide for rulemaking;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section1.
R.S.
32:412(Sectionheading)and(R)areherebyamendedandreenacted and R.S.
32:412(S) is hereby enacted to read as follows:
§412.
Amount of fees;
credit or refund;
duration of license;
veteran designation;
special needs or accommodation designations;
brain injury designation;
disbursementoffunds;renewalbymailorelectroniccommerceofClass"D" or "E" drivers' licenses;
disposition of certain fees;
exception * * * R.(1) Upon request of an applicant for a driver's license, a designation that the applicant has a brain injury shall be exhibited on the driver's license upon presentation of a statement from a qualified medical or mental health professional licensedin Louisianaoranyotherstateor territoryof the UnitedStates verifyingthe applicant's disability as established byadministrative rule.
The qualified medical or mental health professional shall be authorized to diagnose brain injuries.
No additional fee shall be charged to include this designation.
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HB NO.
1244 ENROLLED (2) Upon the renewal of a driver's license, a driver who has a brain injury shall provide a statement from a qualified medical or mental health professional licensedin Louisiana or anyother state or territoryof theUnitedStatesverifyinghis disability as established by administrative rule.
(3) Anypersonwhohasnotbeendiagnosedwithabraininjurywhowillfully and falsely represents himself as having the qualifications to obtain the special designation authorized by this Subsection shall be fined not less than one hundred dollars nor more than two hundred fiftydollars, or shall be imprisoned for not more thanthirtydays,orboth.Anysubsequentoffenseshallresultinafineofnotlessthan two hundred fifty dollars nor more than five hundred dollars, or imprisonment for not more than ninety days, or both.
(4) Inadditiontothetrainingrequirementscontainedin R.S.
40:2404.2(C), the Louisiana Commission on Law Enforcement and Administration of Criminal Justice shall establish and implement law enforcement training relative to law enforcementofficers'interactionswithpersonswithabraininjury.
Thetrainingshall instruct law enforcement officers on sensitivity and awareness to ensure equitable treatmentandhowtoeffectivelycommunicateandinteractwithpersonswithabrain injury.
At a minimum, the training shall include the following:
(a) Identification of indicators that a person has a brain injury.
(b) Identification of procedures that an officer should employ when encountering a person with a brain injury.
(c) Demonstrations of communication and interactive techniques required to effectively interact with a person with a brain injury.
(d) Explanations that provide law enforcement officers with an understanding of the brain injury and examples of unexpected actions that could potentially be taken by persons diagnosed with a brain injury.
(e) Explanations of the resources available to assist an officer encountering a person with a brain injury.
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1244 ENROLLED (f) Descriptionsoftheproceduresanofficershouldusetoensurecompliance with the Americans with Disabilities Act when encountering a person with a brain injury.
(5) ThedeputysecretaryoftheDepartmentofPublicSafetyandCorrections, public safety services, shall promulgate rules and regulations as necessary to implement the provisions of this Subsection, including a waiver of liability for the release of any medical information.
Notwithstanding the provisions of R.S.
49:966(B)(12), the House and Senate committees on transportation, highways and public works shall have oversight of the adoption of rules and regulations required by this Subsection.
R.
S.
An applicant for any class of license may choose to donate one dollar in addition to any license fee required by this Section to the Louisiana Military Family Assistance Fund.
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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