SLS 10RS-1050 ORIGINAL
Page 1 of 2
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. 679
BY SENATOR B. GAUTREAUX
PROBATION/PAROLE. Amends the definition of "technical violation." (8/15/10)
AN ACT1
To enact Code of Criminal Procedure Article 900(A)(6)(c)(vi) and (vii), relative to2
probation; to amend the definition of a "technical violation;" and to provide for3
related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Criminal Procedure Article 900(A)(6)(c)(vi) and (vii) are hereby6
enacted to read as follows:7
Art. 900. Violation hearing; sanctions8
A. * * *9
(6) * * *10
(c) A "technical violation", as used in this Paragraph, means any violation11
except it shall not include any of the following:12
* * *13
(vi) Failing to report to the probation office for probation enrollment as14
ordered by the court.15
(vii) Failing to report to the probation officer as ordered by the court.16
* * *17 SB NO. 679
SLS 10RS-1050 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ducharme.
DIGEST
Present law provides that any defendant who has been placed on probation by the court for
the conviction of an offense other than a crime of violence or of a sex offense and who has
had his probation revoked under the provisions of law for his first technical violation of his
probation as determined by the court, shall be required to serve a sentence of not more than
90 days without diminution of sentence or credit for time served prior to the revocation for
a technical violation.
Present law defines "technical violation" as any violation except it shall not include any of
the following:
(1)Being arrested, charged, or convicted of any of the following:
(a)A felony.
(b)A violation of any provision of Public Health and Safety Title of the
Louisiana Revised Statutes of 1950.
(c)Any intentional misdemeanor directly affecting the person.
(d)At the discretion of the court, any attempt to commit any intentional
misdemeanor directly affecting the person.
(e)At the discretion of the court, any attempt to commit any other misdemeanor.
(2)Being in possession of a firearm or other prohibited weapon.
(3)Failing to appear at any court hearing.
(4)Absconding from the jurisdiction of the court.
(5)Failing to satisfactorily complete a drug court program if ordered to do so as a
special condition of probation.
Proposed law retains present law and adds that failing to report to the probation office for
probation enrollment as ordered by the court and failing to report to the probation officer as
order by the court shall be excluded from the definition of a "technical violation."
Effective August 15, 2010.
(Adds C.Cr.P. Art. 900(A)(6)(c)(vi) and (vii))