Provides relative to operating a vehicle while intoxicated (OR NO IMPACT See Note)

House Bill 264 enacts R.S. 14:98.9, known as "Jada's Law," which establishes new procedures for holding and releasing persons arrested for operating while impaired. The law requires that custodial agencies obtain a safe-release clearance before releasing any person arrested for an operating-while-impaired offense, whether by bond, personal recognizance, or otherwise. A safe-release clearance can be issued only when the person is medically sober, defined as a condition in which the person is no longer impaired enough to be a danger to himself or others, can care for basic needs, and does not present observable signs of intoxication. When a chemical test shows blood alcohol concentration above the legal limit of 0.08 percent for standard DWI violations and 0.02 percent for felony DWI violations, a subsequent breath test must demonstrate the person's concentration has returned to at or below the legal limit. If no chemical test is available due to refusal or delay, the person may be released only after a minimum of eight hours has passed and the person is medically sober.

The law directly affects law enforcement agencies, correctional facilities, arrestees, rental car companies, and towing or storage facilities. Officers and booking supervisors must document the arrestee's planned means of transportation and can require release to a sober licensed adult, rideshare service, taxi, or public transportation rather than allowing the person to drive. Arresting agencies must secure vehicles involved in the offense by either releasing them only to a sober authorized driver or having them towed and stored. When rental vehicles are involved, agencies must notify the rental dealer and ensure vehicles are released only to a rental dealer representative or another authorized sober driver listed on the rental agreement. These requirements effectively prevent individuals from leaving custody while still intoxicated and provide a mechanism for vehicle security, but courts retain authority to impose additional conditions of release.

The law operates within Louisiana's existing criminal procedure and DWI statutory framework, referencing R.S. 14:98 and R.S. 14:98.6 for operating-while-impaired offense definitions and incorporating chemical testing procedures established by R.S. 32:661 et seq. The safe-release clearance requirements supplement but do not restrict constitutional entitlements to bail under the Louisiana Code of Criminal Procedure, and courts retain independent authority to impose conditions of release. The statute grants civil immunity to law enforcement agencies, custodial agencies, towing facilities, and rental dealers who act in good faith compliance or reliance on a safe-release clearance, except in cases of gross negligence. The Department of Public Safety and Corrections is authorized to adopt standards, policies, and training guidance through the Administrative Procedure Act to define medically sober determinations, breath testing procedures, and model forms, ensuring consistent implementation across the state's law enforcement agencies.