{
 "citation": "14:32.1",
 "heading": "Vehicular homicide",
 "doc_id": "78410",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78410",
 "classification": "F",
 "enacted_year": "1983",
 "last_amended_year": "2001",
 "penalties": [
  {
   "subsection": "B",
   "text": "Whoever commits the crime of vehicular homicide shall be fined not less than two thousand dollars nor more than fifteen thousand dollars and shall be imprisoned with or without hard labor for not less than five years nor more than thirty years.",
   "los_min": "5Y",
   "los_max": "30Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "B",
   "text": "At least three years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence.",
   "los_min": "",
   "los_max": "",
   "hard_labor": "",
   "benefits": "W/O BENEFITS (probation, parole, or suspension of sentence)",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "B",
   "text": "If the operator's blood alcohol concentration is 0.15 percent or more by weight based upon grams of alcohol per one hundred cubic centimeters of blood, then at least five years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence.",
   "los_min": "",
   "los_max": "",
   "hard_labor": "",
   "benefits": "W/O BENEFITS (probation, parole, or suspension of sentence)",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "B",
   "text": "If the offender was previously convicted of a violation of R.S. 14:98, then at least five years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence.",
   "los_min": "",
   "los_max": "",
   "hard_labor": "",
   "benefits": "W/O BENEFITS (probation, parole, or suspension of sentence)",
   "death": false,
   "condition": "If the offender was previously convicted of a violation of R.S. 14:98"
  }
 ],
 "referenced_statutes": [
  "14:98",
  "32:662",
  "40:964"
 ],
 "text": "RS 14:32.1\n\n\u00a732.1. Vehicular homicide\n\nA. Vehicular homicide is the killing of a human being caused proximately or caused\ndirectly by an offender engaged in the operation of, or in actual physical control of, any\nmotor vehicle, aircraft, watercraft, or other means of conveyance, whether or not the offender\nhad the intent to cause death or great bodily harm, whenever any of the following conditions\nexists and such condition was a contributing factor to the killing:\n\n(1) The operator is impaired by alcoholic beverages as determined by chemical tests\nadministered under the provisions of R.S. 32:662.\n\n(2) The operator's blood alcohol concentration is 0.08 percent or more by weight\nbased upon grams of alcohol per one hundred cubic centimeters of blood.\n\n(3)(a) The operator is impaired by any other drug, combination of drugs, or\ncombination of alcohol and drugs.\n\n(b) As used in this Section, the term \"drug\" means any substance or combination of\nsubstances that, when taken into the human body, can impair the ability of the person to\noperate a vehicle safely.\n\n(4) The operator is impaired by alcoholic beverages.\n\n(5) The operator's blood has any detectable amount of any controlled dangerous\nsubstance listed in Schedule I, II, III, or IV as set forth in R.S. 40:964, or a metabolite of such\ncontrolled dangerous substance, that has not been medically ordered or prescribed for the\nindividual.\n\n(6), (7) Repealed by Acts 2024, No. 662, \u00a73.\n\nB. Whoever commits the crime of vehicular homicide shall be fined not less than two\nthousand dollars nor more than fifteen thousand dollars and shall be imprisoned with or\nwithout hard labor for not less than five years nor more than thirty years. At least three years\nof the sentence of imprisonment shall be imposed without benefit of probation, parole, or\nsuspension of sentence. If the operator's blood alcohol concentration is 0.15 percent or more\nby weight based upon grams of alcohol per one hundred cubic centimeters of blood, then at\nleast five years of the sentence of imprisonment shall be imposed without benefit of\nprobation, parole, or suspension of sentence. If the offender was previously convicted of a\nviolation of R.S. 14:98, then at least five years of the sentence of imprisonment shall be\nimposed without benefit of probation, parole, or suspension of sentence. The court shall\nrequire the offender to participate in a court-approved substance abuse program and may\nrequire the offender to participate in a court-approved driver improvement program. All\ndriver improvement courses required under this Section shall include instruction on railroad\ngrade crossing safety.\n\nC. Whoever commits the crime of vehicular homicide shall be sentenced as an\noffender convicted of a crime of violence if the offender's blood alcohol concentration, at the\ntime of the offense, exceeds 0.20 percent by weight based on grams of alcohol per one\nhundred cubic centimeters of blood.\n\nD. Notwithstanding the provisions of Code of Criminal Procedure Article 883, if the\noffense for which the offender was convicted pursuant to the provisions of this Section\nproximately or directly causes the death of two or more human beings, the offender shall be\nsentenced separately for each victim, and such sentences shall run consecutively. In\ncalculating the number of deaths for purposes of this Subsection, a human being includes an\nunborn child.\n\nAdded by Acts 1983, No. 635, \u00a71. Acts 1984, No. 855, \u00a71; Acts 1989, No. 584, \u00a71;\nActs 1993, No. 410, \u00a71, eff. June 9, 1993; Acts 1993, No. 415, \u00a71; Acts 1995, No. 1120, \u00a71;\nActs 1997, No. 1019, \u00a71, eff. July 11, 1997; Acts 1998, 1st Ex. Sess., No. 82, \u00a71; Acts 1999,\nNo. 1103, \u00a71; Acts 2001, No. 781, \u00a71, eff. Sept. 30, 2003; Acts 2001, No. 1163, \u00a75; Acts\n2003, No. 758, \u00a71, eff. Sept. 30, 2003; Acts 2004, No. 381, \u00a71; Acts 2004, No. 750, \u00a71; Acts\n2005, No. 32, \u00a71; Acts 2006, No. 294, \u00a71, eff. June 8, 2006; Acts 2008, No. 451, \u00a72, eff.\nJune 25, 2008; Acts 2012, No. 662, \u00a71, eff. June 7, 2012; Acts 2014, No. 280, \u00a71, eff. May\n28, 2014; Acts 2014, No. 372, \u00a71, eff. May 30, 2014; Acts 2024, No. 662, \u00a7\u00a71, 3.\n\nNOTE: See Acts 2001, Nos. 781 and 1163, for effective dates. Acts 2001,\nNo.1163, which is the later expression of legislative will, makes Paragraphs\n(A)(5) & (6) effective Aug. 15, 2001."
}