Amendment vs bill House Committee Amendment, #931, ACRJ, Draft vs Enrolled

Struck = removed from the bill · added = the amendment's new text.

Previous
Latest
ENROLLED Regular Session HOUSE BILL NO.
HCAHB82 4825 931 HOUSE COMMITTEE AMENDMENTS Regular Session Amendments proposed by House Committee on Administration of Criminal Justice to Original House Bill No.
82 BY REPRESENTATIVE VILLIO AN ACT To amend and reenact R.S.
82 by Representative Villio AMENDMENT NO.
14:98.2(D)(introductory paragraph), 98.3(A)(1) and (C), and 98.4(A)(1),(C),and(D)andtoenactR.S.14:98.3(D)and98.4(E),relativetodriving whileintoxicated;toprovideenhancedpenaltiesforoffenderswithpreviousdriving- related offenses;
1 On page 3, line 8, change "twelve months" to "twelve years" Page 1 of 1 CODING:
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
R.S.
14:98.2(D)(introductory paragraph), 98.3(A)(1) and (C), and 98.4(A)(1),(C),and(D)areherebyamendedandreenactedandR.S.14:98.3(D)and98.4(E) are herebyenacted to read as follows:
§98.2.
Operating while impaired;
second offense;
penalties * * * D.
Notwithstanding any other provision of law to the contrary, on a convictionofasecondoffenseviolationofR.S.14:98,andregardlessofwhetherthe second offense occurred before or after the first conviction, when the first offense was for the crime of vehicular homicide in violation of R.S.
14:32.1, third degree feticide in violation of R.S.
14:32.8, or first degree vehicular negligent injuring in violationofR.S.14:39.2,oranequivalentlaworlawsofanystate,theoffendershall befinedtwothousanddollarsandimprisoned,withorwithouthardlabor,fornotless than one year two years nor more than five years.
At least six months one year of the sentenceof imprisonment imposed shall bewithout benefitofparole,probation, or suspension of sentence except sentencExcept in compliance with R.S.
Page 1 of 4 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
82 ENROLLED 14:98.5(B)(1),themandatoryminimumsentencecannotshallnotbeservedonhome incarceration.
* * * §98.3.
Operating while impaired;
third offense;
penalties A.(1) Except as provided in Subsection B Subsections B and C of this Section, on a conviction of a third offense violation of R.S.
14:98, regardless of whetherthethirdoffenseoccurredbeforeorafterapreviousconviction,theoffender shall be fined two thousand dollars and shall be imprisoned, with or without hard labor, for not less than one year nor more than five years.
Except as provided in Paragraph (2) of this Subsection, at least one year of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
Except in compliance with R.S.
14:98.5(B)(1), the mandatory minimum sentence cannot be served on home incarceration.
* * * C.(1) Iftheoffenderhaspreviouslybeenconvictedforthecrimeofvehicular homicide in violation of R.S.
14:32.1, third degree feticide in violation of R.S.
14:32.8, or first degree vehicular negligent injuring in violation of R.S.
14:39.2, or an equivalent law or laws of anystate, then on a conviction of a third or subsequent offense violation of R.S.
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 be fined twothousanddollarsandimprisoned,with or without hard labor, for not less than five nor more than fifteen years.
At least five years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
Except in compliance with R.S.
14:98.5(B)(1), the mandatory minimum sentence shall not be served on home incarceration.
(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 sentenced to substance abuse treatment provided for by Items (A)(3)(b)(i) and (ii) of this Section.
Nothing in this Section prohibits the court from ordering substance Page 2 of 4 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
Show all 71 changed rows (31 more)
Previous
Latest
82 ENROLLED abuse treatment if it determines that the offender is able to pay for the substance abuse treatment.
C.
D.
In addition to anyother penalty, the court shall order, upon motion of the prosecuting district attorney, that the vehicle being operated by the offender at the time of the offense be seized and impounded, and sold at auction in accordance with the provisions of R.S.
14:98(F).
§98.4.
Operating while impaired;
fourth offense;
penalties A.(1) Except as modified bySubparagraphs(a)and(b)ofthis 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 years.Two years of the sentence of imprisonment shall be imposed without benefit of parole, probation, or suspension ofsentence.
ExceptincompliancewithR.S.14:98.5(B)(1),themandatoryminimum sentence cannot be served on home incarceration.
* * * C.
If the offender has previously been convicted for the crime of vehicular homicide in violation of R.S.
14:32.1, third degree feticide in violation of R.S.
14:32.8, or first degree vehicular negligent injuring in violation of R.S.
14:39.2, or anequivalentlaworlawsofanystate,thenonaconvictionofafourthorsubsequent offense violation of R.S.
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 without 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 remaining balance of any sentence to be served for a prior conviction for any offense.
Page 3 of 4 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
82 ENROLLED C.D.
Iftheoffenderhaspreviouslyreceivedthebenefitofparole,probation, orsuspensionofsentenceonaconvictionofafourthorsubsequentoffenseviolation of R.S.
14:98, then on a subsequent conviction of a fourth or subsequent offense, notwithstandinganyotherprovisionoflawtothecontraryandregardlessofwhether the offenseoccurred before or afteran earlierconviction, the offendershall be fined fivethousanddollarsandimprisonedathardlaborfornotlessthantennormorethan thirty years.
No part of the sentence shall be imposed with benefit of parole, probation,orsuspensionofsentence,andnoportionofthesentenceshallbeimposed concurrently with the remaining balance of any sentence to be served for a prior conviction for any offense.
D.
E.
In addition to anyother penalty, the court shall order, upon motion of the prosecuting district attorney, that the vehicle being operated by the offender at the time of the offense be seized and impounded, and sold at auction in accordance 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:
Page 4 of 4 CODING: