SLS 11RS-431 ORIGINAL
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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, 2011
SENATE BILL NO. 243
BY SENATOR PERRY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL JUSTICE. Authorizes post certified law enforcement officers to search
defendants on probation. (8/15/11)
AN ACT1
To amend and reenact Code of Criminal Procedure Art. 895(A)(13)(a), relative to probation;2
to authorize post certified law enforcement officers to search defendants on3
probation; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Criminal Procedure Art. 895(A)(13)(a) is hereby amended and6
reenacted to read as follows: 7
Art. 895. Conditions of probation8
A. When the court places a defendant on probation, it shall require the9
defendant to refrain from criminal conduct and to pay a supervision fee to defray the10
costs of probation supervision, and it may impose any specific conditions reasonably11
related to his rehabilitation, including any of the following. That the defendant shall:12
* * *13
(13)(a) Agree to searches of his person, his property, his place of residence,14
his vehicle, or his personal effects, or any or all of them, at any time, by a post15
certified law enforcement officer, or by the probation officer or the parole officer16
assigned to him, with or without a warrant of arrest or with or without a search17 SB NO. 243
SLS 11RS-431 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
warrant, when the post certified law enforcement officer, the probation officer or1
the parole officer has reasonable suspicion to believe that the person who is on2
probation is engaged in or has been engaged in criminal activity.3
* * *4
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Tim Prather.
DIGEST
Present law provides that when the court places a defendant on probation, it will require the
defendant to refrain from criminal conduct and to pay a supervision fee to defray the costs
of probation supervision, and it may impose any specific conditions reasonably related to
his rehabilitation, including agreeing to searches of his person, his property, his place of
residence, his vehicle, or his personal effects, or any or all of them, at any time, by the
probation officer or the parole officer assigned to him, with or without a warrant of arrest
or with or without a search warrant, when the probation officer or the parole officer has
reasonable suspicion to believe that the person who is on probation is engaged in or has been
engaged in criminal activity.
Proposed law provides that in addition to probation and parole officers, post certified law
enforcement officers may search defendants on probation.
Effective August 15, 2011.
(Amends C.Cr.P. Art. 895(A)(13)(a))