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Rs 32:415.3 Ex-Offender Provisional Driver's License

§415.3. Ex-offender provisional driver's license

A.(1) Notwithstanding any provision of law to the contrary, the department shall

issue a provisional Class "E" driver's license to a person who is released from incarceration

after serving a minimum of one year and whose Class "E" driver's license will be or is

suspended, revoked, or cancelled for any reason upon his release. The license issued pursuant

to this Section shall be valid for one year from the date of issuance.

(2) The provisions of this Section shall apply only to Class "E" driver's licenses and

shall not apply to any other class of driver's licenses.

(3) The provisions of this Section shall not apply in the following circumstances:

(a) When a person's Class "E" driver's license has been suspended, revoked, or

cancelled pursuant to a report of conviction received pursuant to Article III of the Driver

License Compact.

(b) When a person was imprisoned for vehicular homicide, a third or subsequent

violation of R.S. 14:98, or a third or subsequent violation of any other law or ordinance that

prohibits operating a vehicle while intoxicated.

(4) A person may be issued only one provisional Class "E" driver's license in his

lifetime pursuant to this Section.

B. A provisional Class "E" driver's license shall be issued pursuant to this Section

upon the submission of proof of release from incarceration for a violation not included in

Paragraph (A)(3) of this Section and the collection of the standard fees and handling charges

for the issuance of driver's licenses as required by R.S. 32:412 and 412.1. The department

shall defer payment of all other fees, penalties, and charges authorized by this Title that are

incurred prior to or during the term of incarceration and owed by the applicant to the

department.

C.(1) The holder of a provisional license issued pursuant to this Section shall have

one year from the date of issuance to clear his driving record of any suspensions, revocations,

or cancellations so that he may be eligible for a regular Class "E" driver's license.

(2) The holder of a provisional license issued pursuant to this Section and all state

entities or political subdivisions to whom such holder may owe an obligation or debt shall

notify the department upon satisfaction of such obligation or debt.

(3) If the holder of a provisional license issued pursuant to this Section qualifies for

full and unrestricted Class "E" driving privileges at the end of the term of the provisional

license, the department shall issue the holder a Class "E" driver's license upon the collection

of the standard fees and handling charges for the issuance of the driver's license as required

by R.S. 32:412 and 412.1. The department shall collect all other fees, penalties, and charges

authorized by this Title that are incurred prior to or during the applicant's incarceration and

owed by the applicant to the department prior to the issuance of a Class "E" driver's license

pursuant to this Paragraph.

(4) The department shall reimpose all suspensions, revocations, or cancellations of

driving privileges for the balance of any suspension, revocation, or cancellation period after

the expiration of the one-year provisional driver's license if the holder has not come into

compliance with requirements of this Title within one year following the issuance of such

provisional license. Additionally, at that time, any block on the issuance of a driver's license

shall be reset if the holder of a provisional driver's license issued pursuant to this Section has

not come into full compliance with the requirements of this Title.

D.(1) The department may revoke the provisional license issued pursuant to this

Section if the holder commits any of the following:

(a) A new offense.

(b) An act or omission that causes the community supervision, mandatory

supervision, or parole of the holder of a provisional license to be revoked.

(2) A probation or parole department or division shall notify the department if the

community supervision of the holder of a provisional license is revoked.

(3) A court shall notify the department if the holder of the provisional license is

charged with a new offense.

(4) If the department revokes a provisional license pursuant to this Section, the

holder shall not be entitled to receive another provisional license.

E. The department may promulgate rules and regulations in accordance with the

Administrative Procedure Act as necessary to implement this Section, including but not

limited to eligibility criteria for a provisional license, proof of insurance, and proof of

employment, if applicable.

Acts 2015, No. 407, §1.

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Local Government
Louisiana
3
1
0
John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
license
provisional
holder
issued
issuance
owe
driver
class
incarceration
charges