HLS 10RS-325 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. 6
BY REPRESENTATIVE THIERRY
CRIMINAL/PROCEDURE: Provides that sentences for the crime of aggravated second
degree battery shall not be suspended
AN ACT1
To amend and reenact Code of Criminal Procedure Article 893(A), relative to criminal2
sentencing; to provide that a sentence for the crime of aggravated second degree3
battery shall not be suspended; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Criminal Procedure Article 893(A) is hereby amended and6
reenacted to read as follows:7
Art. 893. Suspension and deferral of sentence and probation in felony cases8
A. When it appears that the best interest of the public and of the defendant9
will be served, the court, after a first or second conviction of a noncapital felony,10
may suspend, in whole or in part, the imposition or execution of either or both11
sentences, where suspension is allowed under the law, and in either or both cases12
place the defendant on probation under the supervision of the division of probation13
and parole. The court shall not suspend the sentence of a conviction for a crime of14
violence as defined in R.S. 14:2(B)(1), (2), (3), (4), (5), (9), (10), (11), (12), (13),15
(14), (15), (16), (18), (20), (21), (22), (26), (27), or (28), or (31), or of a second16
conviction if the second conviction is for a violation of R.S. 14:73.5, 81.1, or 81.2.17
The period of probation shall be specified and shall not be less than one year nor18
more than five years. The suspended sentence shall be regarded as a sentence for the19
purpose of granting or denying a new trial or appeal. Supervised release as provided20 HLS 10RS-325 ENGROSSED
HB NO. 6
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
for by Chapter 3-E of Title 15 of the Louisiana Revised Statutes of 1950 shall not be1
considered probation and shall not be limited by the five-year period for probation2
provided for by the provisions of this Paragraph.3
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)]
Thierry HB No. 6
Abstract: Provides that a sentence for the crime of aggravated second degree battery shall
not be suspended.
Present law provides that the court shall not suspend the sentence for certain enumerated
crimes of violence.
Proposed law retains the provisions of present law and adds aggravated second degree
battery to the list of enumerated offenses.
(Amends C.Cr.P. Art. 893(A))