SB 118 — CRIME/PUNISHMENT: Provides for substance use disorder screening of all misdemeanor DUI offenders. (8/1/26) (EN NO IMPACT See Note)

SLS 26RS-446 REENGROSSED Regular Session ENROLLED SENATE BILL NO.

118 BY SENATOR BOUDREAUX CRIME/PUNISHMENT.ProvidesforsubstanceusedisorderscreeningofallmisdemeanorAND DUIREPRESENTATIVE offenders.CHASSION AN ACT To amend and reenact the introductory paragraph of R.S.

(8/1/26) AN ACT To amend and reenact the introductory paragraph of R.S.

14:98.1(A)(1) and (A)(1)(b) and the introductory paragraph of 98.2(A)(1) and (A)(1)(b) areherebyamendedare herebyamended and reenacted and R.S.

Imposition or execution of sentence under this Paragraph shall not be suspended Pageunless 1the offender is placed on probation with the minimum conditions that he complete all of 4the Coding:following:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-446 REENGROSSED SB NO.

118 unless the offender is placed on probation with the minimum conditions that he complete all of the following:

(ii) The findings of the screening shall be confidential and shall be reported directly to the court, the prosecuting attorney, and counsel for the defendant.Page 1 of 3 Coding:

(iii)Words Ifwhich theare substancestruck usethrough disorderare screeningdeletions indicatesfrom thatexisting thelaw; offender is at risk of having a substance use disorder, the court may order an assessment be performed bya licensed clinician to determine if the offenderhas a diagnosis of substance abuse use disorder.

(iv)words Nothing herein in thisboldface Sectiontype shall prohibit the court from modifying the portions of the substance abuse program as may be applicable and appropriateunderscored toare anadditions. individual offender as shown bythe assessment.

*SB *NO. * D.

This118 SectionENROLLED anddefendant. R.S.

14:98.2(iii) shallIf bethe knownsubstance anduse disorder screening indicates that the offender is at risk of having a substance use disorder, the court may becitedasorder an assessment be performed bya licensed clinician to determine if the "Judgeoffender Juleshas Edwards,a IIIdiagnosis Impairedof Drivingsubstance Preventionabuse Actuse ".disorder.

(iv) Nothing herein in this Section shall prohibit the court from modifying the portions of the substance abuse program as maybe applicable and appropriate to an individual offender as shown bythe assessment.

* * * D.This Sectionand R.S.

14:98.2 shall be known and may be cited as the "Judge Jules Edwards, III Impaired Driving Prevention Act ".

14:98, regardless of whether the second offense occurredoccurredbeforeor before or after the first conviction, the offender shall be fined not less than seven hundred fifty dollars nor more than one thousand dollars, and shall be imprisoned for not less than thirty days nor more than six months.

At least forty- eight hours of the sentence imposed shall be served without benefit of parole, Pageprobation, 2or suspension of 4sentence. Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-446 REENGROSSED SB NO.

118 probation, or suspension of sentence.

(ii) The findings of the screening shall be confidential and shall be reported directly to the court, the prosecuting attorney, and counsel for the defendant.Page 2 of 3 Coding:

(iii) If the substance use disorder screening indicates that the offender is at risk of having a substance use disorder, the court may order an assessment be performed bya licensed clinician to determine if the offender has a diagnosis of substance abuse use disorder.

(iv) Nothing in this Section shall prohibit the court from modifying the portions of the substance abuse program as may be applicable and appropriate to an individual offender as shown bythe assessment.

* * * The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared bySenate Legislative Services.

The keyword, summary, 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)] DIGEST SB 118 Reengrossed 2026 Regular Session Boudreaux Present law relative to the offense of operating while impaired uses the term "substance abuse disorder".

Proposed law changes "substance abuse disorder" to "substance use disorder".

Presentlawprovidesthatapersonwhoisconvictedforafirstorsecondoffenseofoperating a vehicle while impaired and who had a blood alcohol content (BAC) that was between .08 and .15 percent by weight based on grams of alcohol per 100 cubic centimeters of blood at the time the offense was committed will be imprisoned for not less than 10 days nor more Page 3 of 4 Coding:

SLS 26RS-446 REENGROSSED SB NO.

118 thanENROLLED sixdefendant. months, without suspension of sentence,unless the offenderis placed on probation that includes the following minimum conditions:

(1)(iii) ServeIf 48the hourssubstance inuse jaildisorder withoutscreening suspensionindicates that the offender is at risk of sentence,having ora insubstance lieuuse thereof,disorder, performthe nocourt lessmay thanorder 32an hoursassessment ofbe communityserviceperformed withbya atlicensed leastclinician halfto ofdetermine if the hoursoffender consistinghas a diagnosis of littersubstance abatementabuse oruse collection.disorder.

(2)(iv) ParticipateNothing in athis substanceSection abuseshall program,prohibit whichthe maycourt includefrom anmodifying assessmentthe byportions aof licensedthe cliniciansubstance toabuse determineprogram ifas themay offenderbe hasapplicable aand diagnosisappropriate ofto substancean abuseindividual disorder.offender as shown bythe assessment.

Nothing* in* present* lawPRESIDENT mayprohibitOF theTHE courtSENATE fromSPEAKER modifyingOF portionsTHE ofHOUSE theOF substanceREPRESENTATIVES abuseGOVERNOR programOF thatTHE areSTATE applicableOF andLOUISIANA appropriateAPPROVED: to an individual offender as indicated bythe assessment.

(3)Page Participate3 inof a3 driverCoding: improvement program.

(4) Notoperateamotorvehicleduringhisprobationperiod,fornolessthansix months, unlessitisequippedwithafunctioningignitioninterlockdevice.Thisdoesnotapply toavehicleoperatedbytheoffenderduringhisparticipationinadriverimprovement program.