SLS 10RS-1050 ENGROSSED Page 1 of 3 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) At the discretion of the court, failing to report to the probation16 officer for more than ninety consecutive days.17 SB NO. 679 SLS 10RS-1050 ENGROSSED Page 2 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. * * *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 SLS 10RS-1050 ENGROSSED Page 3 of 3 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.