HB 82 — DWI: Provides relative to penalties for DWI offenses (EN SEE FISC NOTE GF EX)

HLSENROLLED 26RS-73 REENGROSSED Regular Session HOUSE BILL NO.

82 BY REPRESENTATIVE VILLIO DWI:AN ACT To amend and reenact R.S.

Provides relative to penalties for DWI offenses AN ACT To amend and reenact R.S.

At least six months one year of the sentenceof imprisonment imposed shall bewithout benefitbenefitofparole,probation, or suspension of parole,sentence probation,except PagesentencExcept 1in ofcompliance 5with CODING:R.S.

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82 orENROLLED suspension14:98.5(B)(1),themandatoryminimumsentencecannotshallnotbeservedonhome ofincarceration. sentence except sentence.

Except in compliance with R.S.

14:98.5(B)(1),themandatoryminimumsentencecannotshallnotbeservedonhome incarceration.

14:98, notwithstanding any other provision of law to the contrary and regardless of whether the offense occurred before or after an earlier conviction,theoffendershall befinedtwobe thousandfined dollarstwothousanddollarsandimprisoned,with andimprisoned,with or without hard labor, for not less than five nor more than fifteen years.

(2) Except where inconsistent with the provisions of this Subsection, the conditions of probation include but are not limited to the conditions of probation provided by Paragraph (A)(3) of this Section, except that the offender shall not be Pagesentenced 2to substance abuse treatment provided for by Items (A)(3)(b)(i) and (ii) of 5this CODING:Section.

Nothing in this Section prohibits the court from ordering substance Page 2 of 4 CODING:

HLS 26RS-73 REENGROSSED HB NO.

82 sentencedENROLLED to substance abuse treatment providedif forit bydetermines Itemsthat (A)(3)(b)(i)the andoffender (ii)is ofable thisto Section.pay for the substance abuse treatment.

Nothing in this Section prohibits the court from ordering substance abuse treatment if it determines that the offender is able to pay for the substance abuse treatment.

penalties A.(1) ExceptasmodifiedbySubparagraphs(a)Except andas (b)modified ofbySubparagraphs(a)and(b)ofthis this Paragraph, or as provided by Subsections B and C B, C, and D of this Section, on a conviction of a fourth or subsequent offense violation of R.S.

14:98, regardless of whether the fourth offense occurred before or after an earlier conviction, the offender shall be fined five thousand dollars and imprisoned, with or without hard labor, for not less than ten years nor more than thirty yearsTwoyears.Two years of the sentence of imprisonment shall be imposed without benefit of parole, probation, or suspension ofsentence.

14:98, notwithstanding any other provision of law to the contrary and regardless of whether the offense occurred before or after an earlier conviction,theoffendershall befinedfivethousanddollarsandimprisoned,with or withouthardlabor,fornotwithout hardlabor,fornot lessthantwelveyearsnormorethanthirtyyears.

Nopart of the sentence shall be imposed with benefit of parole, probation, or suspension of sentence, and no portion of the sentence shall be imposed concurrently with the Pageremaining 3balance of 5any CODING:sentence to be served for a prior conviction for any offense.

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82 remainingENROLLED balanceC.D. of any sentence to be served for a prior conviction for any offense.

C.D.

14:98, then on a subsequent conviction of a fourth or subsequent offense, notwithstandinganyotherprovisionoflawtothecontraryandregardlessofwhether the offenseoccurredbeforeoroffenseoccurred before or afteran earlierconviction, the offendershall be fined fivethousanddollarsandimprisonedathardlaborfornotlessthantennormorethan thirty years.

DIGESTSPEAKER ThedigestprintedbelowwaspreparedbyHouseLegislativeOF Services.THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

ItPage constitutes4 nopart of the4 legislativeCODING: instrument.

The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent.

[R.S.

1:13(B) and 24:177(E)] HB 82 Reengrossed 2026 Regular Session Villio Abstract:

Provides increasedpenalties for third andfourthoffensesof driving while under the influence when the offender was previouslyconvicted for certain crimes.

Present law provides for increasedpenalties for a second offense of driving while under the influence if the offender was previouslyconvicted for the following crimes:

(1) R.S.

14:32.1 (vehicular homicide) (2) R.S.

14:32.8 (third degree feticide) (3) R.S.

14:39.2 (first degree vehicular negligent injuring) Proposed law retains present law and provides for increased penalties for third and fourth offenses of driving while under the influence when the offender was previously convicted for the same crimes or equivalent laws of another state.

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Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HLS 26RS-73 REENGROSSED HB NO.

82 (Amends R.S.

14:98.2 (D)(intro.