Struck = removed from the bill ·
added = the amendment's new text.
ENROLLEDHCAHB552 4825 1787 HOUSE COMMITTEE AMENDMENTS Regular Session HOUSEAmendments BILLproposed NO.by House Committee on Administration of Criminal Justice to Original House Bill No.
552 BYby REPRESENTATIVERepresentative BRYANTBryant ANAMENDMENT ACTNO. To amend and reenact R.S.
13:1894.1(A)1 andOn (B)page 3, delete line 16 in its entirety and 1894.2(A)(introductoryinsert paragraph),the R.S.following:
32:662.1,"Guilty and Code of Criminaloperating ProcedureArticlea 814(A)(9)andvehicle (10), relative to driving while intoxicated or impaired;impaired." AMENDMENT NO.
to2 addOn "impaired"page to3, certaindelete provisionsline of22 lawin regardingits intoxication;entirety and insert the following:
and"Guilty toof provideoperating fora relatedvehicle matters.while intoxicated or impaired." Page 1 of 1 CODING:
Be it enacted by the Legislature of Louisiana:
Section 1.
R.S.
13:1894.1(A) and (B) and 1894.2(A)(introductory paragraph) are hereby amended and reenacted to read as follows:
§1894.1.
Drivingwhileintoxicatedorimpaired,;prosecutionsforviolationrequired to be filed under general state law;
city and municipal courts A.
Notwithstanding anyother provision oflawto the contrary, prosecutions in any city, parish, or municipal court based on or arising out of the operation of a vehicle by a person while intoxicated or impaired may be charged and prosecuted under pursuant to the provisions of R.S.
14:98 or under any applicable city, parish, or municipal ordinance that incorporates the standards, elements, and sentences of the offense of driving while intoxicated or impaired contained in R.S.
14:98.
Any conviction for a first or second offense or the entryof a plea of guilty and sentence based on such plea or the forfeiture of bail of any person having been charged with a first or second violation of R.S.
14:98 in any such city, parish, or municipal court shall be punishable in accordance with the provisions of R.S.
14:98(D)(1) or (2), whichever is applicable.
Anyconviction for a first or second offense or the entry of a plea of guilty and sentence based on such plea or the forfeiture of bail of any person having been charged with a first or second violation of the applicable city, parish, or municipal ordinance in any such city, parish, or municipal court shall be punishable in accordance with the provisions of the ordinance and shall constitute Page 1 of 3 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
552 ENROLLED a conviction under pursuant to R.S.
14:98 for purposes of determining the number of prior convictions in a proceeding under R.S.
14:98.
B.
For purposes of this Section, all city, parish, and municipal courts shall haveconcurrentjurisdictionwiththedistrictcourtsoverviolationsotherwisesubject to their jurisdiction provided for by R.S.
14:98, except in those cases wherein the personordefendantischargedasathirdorsubsequentoffenderundertheprovisions of R.S.
14:98(D)(3) or (D)(4), whichever is applicable.
If the charge is for a third or subsequent offense, the prosecution shall be had only in the district court and the defendant shall have the right to a trial by jury.
However, mayors' courts shall have no jurisdiction whatsoever over violations as provided for by R.S.
14:98, nor to the trial of offenses against municipal ordinances relative to prosecutions on charges of driving while intoxicated or impaired.
* * * §1894.2.
Additional costs;
certain violations A.
Notwithstanding any other provision of law to the contrary, and in addition to anyfines, forfeitures, costs, or penalties, a person convicted of a felony, a misdemeanor, or a violation of local ordinance, including a traffic felony, misdemeanor, or local traffic violation, shall be assessed an additional cost in any matter where the use of alcohol was a factor involved in the commission of a crime.
Anycourt that designates byrule, divisions, or sections of the court as a specialized division or section having subject matter jurisdiction for alcohol related offenses including driving while intoxicated or impaired, shall assess the following costs:
* * * Section 2.
R.S.
32:662.1 is hereby amended and reenacted to read as follows:
§662.1.
Admissibility In all criminal cases where intoxication or impairment is an issue, any certificate or writing made in accordance with the provisions of R.S.
32:663, including but not limited to intoxilyzer instrument recertification forms, and other certificates or writings made with respect to the chemical analyses of a person's blood, urine, breath, or other bodily substance, shall be admissible as evidence.
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HB NO.
552 ENROLLED Section 3.
Code of Criminal Procedure Article 814(A)(9) and (10) are hereby amended and reenacted to read as follows:
Art.
814.
Responsive verdicts;
in particular A.
Theonlyresponsiveverdictswhichmayberenderedwhentheindictment charges the following offenses are:
* * * 9.
Vehicular negligent injuring:
Guilty.
Guilty of negligent injuring.
Guilty of operating a vehicle while intoxicated or impaired.
Not guilty.
10.
First degree vehicular negligent injuring:
Guilty.
Guilty of vehicular negligent injuring.
Guilty of negligent injuring.
Guilty of operating a vehicle while intoxicated or impaired.
Not guilty.
* * * SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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