14:98.5 A.Special provisions and definitions - responsibility of payment for costs of substance abuse probram, home incarceratin or driver improvement program
An offender ordered to participate in a substance abuse program, home incarceration, or a driver improvement program in accordance with the penalty provisions of R.S. 14:98, 98.1, 98.2, 98.3, and 98.4 shall pay the cost incurred in participating in the program. Failure to make such payment shall subject the offender to revocation of probation, unless the court determines that the offender is unable to pay. On a conviction of a third or subsequent offense violation of R.S. 14:98, if the court determines that the offender is unable to pay, the state shall pay for the cost of the substance abuse treatment.
Effective: 01/01/2015 - Present
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14:98.5 B.(1)Special provisions and definitions - conditions for home incarceration for felony violations of 14:98
For felony violations of R.S. 14:98, the mandatory minimum sentence imposed by the court shall not be served on home incarceration unless either the Department of Public Safety and Corrections, through the division of probation and parole, recommends home incarceration of the defendant and specific conditions of that home incarceration or the district attorney recommends home incarceration.
Effective: 01/01/2015 - Present
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14:98.5 B.(2)Special provisions and definitions - home incarceration allowed after offender served mandatory minimum sentence
Except as provided by Paragraph (4) of this Subsection and unless otherwise authorized or prohibited, on a misdemeanor violation of R.S. 14:98 or on a felony violation of R.S. 14:98 after the offender has served the mandatory minimum sentence, the court may sentence the offender to home incarceration.
Effective: 01/01/2015 - Present
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14:98.5 B.(3)Special provisions and definitions - conditions for home incarceration
When the court sentences an offender to home incarceration, the offender shall be subject to special conditions to be determined by the court, which shall include but not be limited to the following, electronic monitoring, curfew restrictions, the court shall require the offender to obtain employment, the court shall require the offender to participate in a court-approved driver improvement program, if not already a condition of probation, limitation on activities outside the home, all other applicable provisions of C.Cr.P. Article 894.2
Effective: 01/01/2015 - Present
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14:98.5 B.(4)Special provisions and definitions - minimum 48 consecutive hours employment required before home incarceration on second offense violation of14:98
An offender who has been convicted of any second violation of any state or local law or ordinance prohibiting operating a vehicle while intoxicated, committed within five years of the commission of any prior operating while intoxicated violation, shall not be eligible for home incarceration until the offender has first served a minimum of forty-eight consecutive hours of imprisonment.
Effective: 01/01/2015 - Present
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14:98.5 B.(5)Special provisions and definitions - home visit required once a month for the first six months for probation for third or subsquent offense, or second offense under 14:98.2(D)
When the offender is on probation for a third or subsequent offense, or on a second offense under R.S. 14:98.2(D), a home visitation shall be conducted at least once per month by the Department of Public Safety and Corrections for the first six months. After the first six months, the level of supervision shall be determined by the department based upon a risk assessment instrument.
Effective: 01/01/2015 - Present
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14:98.5 C.Special provisions and definitions - ignition interlock device as a condition of probation.
No offender who is ordered to install an ignition interlock device as a condition of probation shall fail to comply with all applicable provisions of R.S. 15:306 and 307 and R.S. 32:378.2 and 414(D)(1)(b), violate the conditions of his restricted driver's license as set by the Department of Public Safety and Corrections, operate, rent, lease, or borrow a motor vehicle unless that vehicle is equipped with a functioning ignition interlock device or request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the offender with an operable motor vehicle.
Effective: 01/01/2015 - Present
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14:98.5 D.Special provisions and definitions - community service activities
'Community service activities' as used in this Section and R.S. 14:98.1, 98.2, 98.3, and 98.4, in addition to participation in a litter abatement or collection program, may include duty in any morgue, coroner's office, or emergency treatment room of a state-operated hospital or other state-operated emergency treatment facility, with the consent of the administrator of the morgue, coroner's office, hospital, or facility.An offender who participates in a litter abatement or collection program pursuant to this Subsection shall have no cause of action for damages against the entity conducting the program or supervising the offender's participation therein.
Effective: 01/01/2015 - Present
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14:98.5.1 A.Assessment for alcohol or drug dependence - on a second or subsequent conviction, the court may order an assessment by a physician as to whether the offender has a drug or alcohol dependence
A. Notwithstanding any other provision of law to the contrary provided by R.S. 14:98, 98.1, 98.2, 98.3, and 98.4, on a second or subsequent conviction for a violation of R.S. 14:98, the court may order the offender, at the sole expense of the offender, to undergo an assessment that uses a standardized evidence-based instrument performed by a physician to determine whether the offender has a diagnosis for alcohol or drug dependence and would likely benefit from a court-approved medication-assisted treatment indicated and approved for the treatment of alcohol or drug dependence by the United States Food and Drug Administration, as specified in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psyc
Effective: 01/01/2015 - Present
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14:98.5.1 B.Assessment for alcohol or drug dependence - court may refer the offender to rehab program dependent on results of the assessment
Upon considering the results of the assessment, the court may refer the offender to a rehabilitative program that offers one or more forms of court-approved medications that are approved for the treatment of alcohol or drug dependence by the United States Food and Drug Administration.
Effective: 08/01/2020 - Present
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14:98.5.1 C.Assessment for alcohol or drug dependence - section shall not apply when offender is unable to pay costs of program
This Section shall not apply when an offender shows that he is unable to pay the costs of the assessment and rehabilitative program, either personally or through a third party insurer.
Effective: 08/01/2020 - Present
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14:98.6 A.Underage operating while intoxicated - charging and definition
The crime of underage operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when the operator's blood alcohol concentration is 0.02 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood, if the operator is under the age of twenty-one.
Effective: 01/01/2015 - Present
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14:98.6 B.Underage operating while intoxicated - any person whose blood alcohol concentration is in violation of 14:98(A)(1)(b) shall be charged under that Subparagraph
Any underage person whose blood alcohol concentration is found to be in violation of R.S. 14:98(A)(1)(b) shall be charged under the provisions of that Subparagraph rather than under this Section.
Effective: 01/01/2015 - Present
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14:98.6 C.(1)Underage operating while intoxicated - first offense penalty
On a first conviction, the offender shall be fined not less than one hundred dollars nor more than two hundred fifty dollars, and imprisoned for not less than ten days nor more than three months. Imposition or execution of sentence shall not be suspended unless the offender is placed on probation with the minimum conditions that he perform thirty-two hours of court-approved community service activities, at least half of which shall consist of participation in a litter abatement or collection program and participate in a court-approved substance abuse and driver improvement program.
Effective: 01/01/2015 - Present
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14:98.6 C.(2)Underage operating while intoxicated - second offense penalty
On a second or subsequent conviction, regardless of whether the second offense occurred before or after the first conviction, the offender shall be fined not less than two hundred fifty dollars nor more than five hundred dollars, and imprisoned for not less than thirty days nor more than six months. Imposition or execution of sentence under this Paragraph shall not be suspended unless the offender is placed on probation with the minimum conditions that he serve 48 hours in jail without benefit of parole, probation, or suspension of sentence, or in lieu thereof, perform no less than 80 hours of court-approved community service activities, participate in substance abuse program and participate in court appointed driver improvement program.
Effective: 01/01/2015 - Present
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14:98.6 C.(3)Underage operating while intoxicated - court may sentence offender to serve any portion under home incarceration
Nothing in this Section shall prohibit a court from sentencing an offender to serve any portion of the sentence under home incarceration either in lieu of, or in addition to, a term of imprisonment if otherwise allowed under the provisions of Code of Criminal Procedure Article 894.2 and R.S. 14:98.5(B).
Effective: 01/01/2015 - Present
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14:98.6 C.(4)Underage operating while intoxicated - court may require the offender not operate a motor vehicle during period of probation unless equipped with an interlock device.
The court may require that the offender not operate a motor vehicle during the period of probation unless any vehicle, while being operated by the offender, is equipped with a functioning ignition interlock device in accordance with R.S. 14:98.5(C).
Effective: 01/01/2015 - Present
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14:98.6 D.Underage operating while intoxicated - court programs regarding substance abuse shall include screening procedure to determine portions applicable for individual offenders
Court programs regarding substance abuse as provided for by Subsection C of this Section shall include a screening procedure to determine the portions of the program that may be applicable and appropriate for individual offenders.
Effective: 01/01/2015 - Present
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14:98.7 A.Unlawful refusal to submit to chemical tests - charging and definition
No person under arrest for a violation of R.S. 14:98, 98.1, or any other law or ordinance that prohibits operating a vehicle while intoxicated, may refuse to submit to a chemical test when requested to do so by a law enforcement officer if he has refused to submit to such test on two previous and separate occasions of any such violation.
Effective: 06/04/2020 - Present
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14:98.7 B.Unlawful refusal to submit to chemical tests - penalty, conditions for probation
Whoever violates the provisions of this Section shall be fined not less than three hundred dollars nor more than one thousand dollars, and shall be imprisoned for not less than ten days nor more than six months. Imposition or execution of sentence shall not be suspended unless the offender is placed on probation with the minimum conditions that he serve two days in jail and participate in a court-approved substance abuse program and participate in a court-approved driver improvement program or the offender is placed on probation with the minimum conditions that he perform thirty-two hours of court-approved community service activities, court-approved substance abuse program and driver improvement program.
Effective: 06/04/2020 - Present
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14:98.8 A.Operating a vehicle while under suspension for certain prior offenses - charging and definition
It is unlawful to operate a motor vehicle on a public highway where the operator's driving privileges have been suspended under the authority of R.S. 32:414(A)(1), (B)(1) or (2), (D)(1)(a), or R.S. 32:667. It shall not be a violation of the provisions of this Section when a person operates a motor vehicle to obtain emergency medical care for himself or any other person.
Effective: 01/01/2015 - Present
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14:98.8 B.Operating a vehicle while under suspension for certain prior offenses - penalty
Whoever violates the provisions of this Section shall be imprisoned for not less than fifteen days nor more than six months without benefit of suspension of imposition or execution of sentence, except as provided in Subsection C of this Section.
Effective: 01/01/2015 - Present
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14:98.8 C.Operating a vehicle while under suspension for certain prior offenses - penalty when driving privileges were suspended for manslaughter, vehicular homicide or negligent homicide
When the operator's driving privileges were suspended for manslaughter, vehicular homicide, or negligent homicide, the offender shall be imprisoned for not less than sixty days nor more than six months without benefit of suspension of imposition or execution of sentence.
Effective: 01/01/2015 - Present
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14:99Reckless operation of a vehicle
Reckless operation of a vehicle
Effective: 08/01/2014 - Present
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14:99 A.Reckless operation of a vehicle - charging and definition
Reckless operation of a vehicle is the operation of any motor vehicle, aircraft, vessel, or other means of conveyance in a criminally negligent or reckless manner.
Effective: 08/01/2014 - Present
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