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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 351
BY SENATOR MOUNT
DWI. Allows a third offense DWI offender to be placed into an established DWI court
program with the agreement of the prosecuting district attorney. (8/15/10)
AN ACT1
To amend and reenact Code of Criminal Procedure Art. 893(B), relative to suspension and2
deferral of sentence; to provide for certain circumstances to apply probation in3
felony cases; to provide for substance abuse treatment; to provide for a specified4
probationary period; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Criminal Procedure Art. 893(B) is hereby amended and reenacted7
to read as follows: 8
Art. 893. Suspension and deferral of sentence and probation in felony cases9
* * *10
B.(1) After third conviction of a noncapital felony for which a defendant11
could have his sentence suspended under Paragraph A of this Article if such12
conviction were for a first or second offense or for a violation of the Uniform13
Controlled Dangerous Substances Law, and when it appears that the best interest of14
the public and the defendant will be served, and with the consent of the district15
attorney, the court may suspend, in whole or in part, the imposition or execution of16
the sentence, provided the defendant enters and completes a drug court program as17 SB NO. 351
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
defined in R.S. 13:5301 et seq,. When suspension is allowed under this Paragraph1
Subparagraph, the defendant shall be placed on probation under the supervision of2
the division of probation and parole. The period of probation shall be specified and3
shall not be less than two years nor more than five years. The suspended sentence4
shall be regarded as a sentence for the purpose of granting or denying a new trial or5
appeal.6
(2) After a conviction of a third offense operating a vehicle while7
intoxicated for which a defendant could have his sentence suspended and when8
it appears that the best interest of the public and the defendant will be served,9
and with the consent of the district attorney, the court may suspend, in whole10
or in part, the imposition or execution of the sentence, provided the defendant11
enters and completes an established alcohol abuse court program. When12
suspension is allowed under this Subparagraph, the defendant shall be placed13
on probation under the supervision of the division of probation and parole. The14
period of probation shall be specified and shall not be less than two years nor15
more than five years. The suspended sentence shall be regarded as a sentence16
for the purpose of granting or denying a new trial or appeal.17
* * *18
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michael Bell.
DIGEST
Present law provides for suspension of a third conviction of a noncapital felony for which
a defendant could have his sentence suspended if such conviction were for a first or second
offense or for a violation of the Uniform Controlled Dangerous Substances Law, and when
it appears that the best interest of the public and the defendant will be served, and with the
consent of the district attorney.
Present law requires the defendant to enter and complete a drug court program when his
sentence is suspended.
Proposed law provides that after a conviction of a third offense operating a vehicle while
intoxicated for which a defendant could have his sentence suspended and when it appears
that the best interest of the public and the defendant will be served, and with the consent of
the district attorney, the court may suspend, in whole or in part, the imposition or execution
of the sentence. SB NO. 351
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law requires the defendant to enter and complete an established alcohol abuse
court program when his sentence is suspended.
Proposed law provides that when suspension is allowed the defendant will be placed on
probation under the supervision of the division of probation and parole for a period of not
less than two years nor more than five years.
Effective August 15, 2010.
(Amends C.Cr.P. Art. 893(B))