HLS 10RS-862 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 105
BY REPRESENTATIVE BALDONE
CRIMINAL/PROCEDURE: Amends presentence investigation provisions to include
disciplinary records during incarceration
AN ACT1
To amend and reenact Code of Criminal Procedure Article 875(A)(3), relative to2
presentence investigations; to amend presentence investigation provisions to include3
defendant's pretrial and post-conviction disciplinary records; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Criminal Procedure Article 875(A)(3) is hereby amended and7
reenacted to read as follows: 8
Art. 875. Presentence investigation; juvenile records; drug screening 9
A.10
* * *11
(3) Local and state law enforcement agencies and mental and correctional12
institutions shall furnish to the probation officer criminal records and such other13
information and data as the probation officer requests. The defendant's pretrial and14
post-conviction disciplinary records shall be furnished to the probation officer and15
included in the presentence investigation. The court may order a physical and mental16
examination of the defendant.17
* * *18 HLS 10RS-862 ENGROSSED
HB NO. 105
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Baldone HB No. 105
Abstract: Amends presentence investigation provisions to include the defendant's pretrial
and post-conviction disciplinary records.
Present law provides that the court may order the parole and probation division of DPS&C
to make a presentence investigation of any defendant convicted of a felony offense or a
misdemeanor offense that has been reduced from a felony.
Present law provides that in the investigation, the probation officer shall inquire into the
following: the circumstances attending the commission of the offense, the defendant's
history of delinquency or criminality, his family situation and background, economic and
employment status, education, personal habits, and other information and data requested by
the probation officer from the local and state law enforcement agencies and mental and
correctional institutions.
Proposed law retains present law and provides that the defendant's pretrial and post-
conviction disciplinary records shall be furnished to the probation officer and included in the
presentence investigation.
(Amends C.Cr.P. Art. 875(A)(3))