HLS 10RS-898 ENGROSSED
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Regular Session, 2010
HOUSE BILL NO. 117
BY REPRESENTATIVE WOOTON
PAROLE: Amends the definition of "technical violation"
AN ACT1
To repeal R.S. 15:574.9(G)(2)(ii), relative to parole; to amend the definition of a "technical2
violation" for purposes of parole revocation.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 15:574.9(G)(2)(ii) is hereby repealed in its entirety.5
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)]
Wooton HB No. 117
Abstract: Repeals reference to drug offenses in the definition of "technical violation" with
respect to parole revocation.
Present law provides that any offender who has been released on parole for the conviction
of an offense other than a crime of violence or of a sex offense, and whose parole
supervision is being revoked for his first technical violation of the conditions of parole as
determined by the Board of Parole, shall be required to serve not more than 90 days without
diminution of sentence or credit for time served prior to the revocation for a technical
violation.
Present law provides that a "technical violation" means any violation except it shall not
include being arrested, charged, or convicted of any of the following:
(1)A felony.
(2)A violation of any provision of Title 40 of the L.R.S. of 1950.
(3)Any intentional misdemeanor directly affecting the person.
(4)At the discretion of the Board of Parole, any attempt to commit any intentional
misdemeanor directly affecting the person. HLS 10RS-898 ENGROSSED
HB NO. 117
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(5)At the discretion of the Board of Parole, any attempt to commit any other
misdemeanor.
(6)Being in possession of a firearm or other prohibited weapon.
(7)Failing to appear at any court hearing.
(8)Absconding from the jurisdiction of the Board of Parole.
Proposed law removes the provision of present law regarding controlled dangerous
substances and otherwise retains present law.
Present law provides that all controlled dangerous substance violations are felony offenses
except for simple possession of marijuana which is a misdemeanor offense. As a result,
items (1) and (2) listed above in present law are duplicative except for simple possession of
marijuana.
(Repeals R.S. 15:574.9(G)(2)(ii))