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Coding: Words which are struck through are deletions from existing law;
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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) At the discretion of the court, failing to report to the probation16
officer for more than ninety consecutive days.17 SB NO. 679
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Coding: Words which are struck through are deletions from existing law;
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* * *1
The original instrument was prepared by Michelle Ducharme. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Heyward Jeffers.
DIGEST
B. Gautreaux (SB 679)
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 failing to report to the probation office for
enrollment or failing to report for 90 consecutive days to the probation officer may be
excluded, at the discretion of the court, from the definition of a "technical violation."
Effective August 15, 2010.
(Adds C.Cr.P. Art. 900(A)(6)(c)(vi) and (vii))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill. SB NO. 679
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
1. Adds discretion of the court and adds 90 consecutive day failure to report to
the probation officer as a trigger for the court to consider an exception to the
definition of a "technical violation" of probation.