Senate Bill No. 223, introduced by Senator Luneau, aims to establish a new crime in Louisiana known as "failure to test for alcohol and controlled substances resulting in serious bodily injury or death." This offense is specifically applicable to motor carriers who are mandated by federal law to conduct testing on operators of commercial motor vehicles. The bill outlines the conditions under which a violation occurs, including the failure to conduct required testing, the operator causing an accident while under the influence, and the resulting serious bodily injury or death of another person.
The bill also provides definitions for key terms such as "commercial motor vehicle," "motor carrier," "operator," and "under the influence of alcohol." Penalties for violating this law include a fine of up to $25,000, imprisonment for up to one year, or both. The proposed law is set to take effect on August 1, 2026.