SLS 12RS-897 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, 2012
SENATE BILL NO. 553
BY SENATOR CLAITOR
CRIMINAL PROCEDURE. Provides for procedures relative to sobriety court programs.
(8/1/12)
AN ACT1
To amend and reenact Code of Criminal Procedure Article 894(B)(2) and to enact Code of2
Criminal Procedure Article 894(A)(7) and (B)(3), relative to suspension and deferral3
of criminal sentences; to provide relative to probation for cases assigned to certain4
substance abuse programs; to provide relative to discharge and dismissal of certain5
prosecutions under certain circumstances; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Code of Criminal Procedure Article 894(B)(2) is hereby amended and8
reenacted and Code of Criminal Procedure Article 894(A)(7) and (B)(3) are hereby enacted9
to read as follows:10
Art. 894. Suspension and deferral of sentence; probation in misdemeanor cases11
A. * * *12
(7) When a case is assigned to an established driving while intoxicated13
court or sobriety court program certified by the Louisiana Supreme Court Drug14
Court Office, the National Highway Safety Commission, or the Louisiana15
Highway Safety Commission, with the consent of the district attorney, the court16
may place the defendant on probation for a period of not more than four years17 SB NO. 553
SLS 12RS-897 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
if the court determines that the successful completion of the program may1
require that the period of probation exceed the two-year limit. If necessary to2
assure successful completion of the driving while intoxicated court or sobriety3
court program, the court may extend the duration of the probation period. The4
period of probation as initially fixed or as extended shall not exceed four years.5
B. * * *6
(2) The dismissal of the prosecution shall have the same effect as an7
acquittal, except that the conviction may be considered as a first offense and provide8
the basis for subsequent prosecution of the party as a multiple offender. Discharge9
and dismissal under this provision may occur only once with respect to any person10
during a five-year period , subject to the provisions of Paragraph A(3) of this11
Article. However, discharge and dismissal under this provision for the offense of12
operating a vehicle while intoxicated may occur only once with respect to any person13
during a ten-year period, subject to the provisions of Paragraph A(3) of this14
Article.15
(3) Discharge and dismissal under this provision may occur on a single16
subsequent prosecution and conviction during a ten-year period under the17
following conditions:18
(a) The offender has successfully completed a driving while intoxicated19
court or sobriety court program pursuant to Paragraph A(7) of this Article.20
(b) The remaining provisions of this Article have been satisfied.21
* * *22
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Present law provides relative to the suspension and deferral of certain sentences for certain
crimes under certain circumstances.
Proposed law retains present law and adds that when a case is assigned to an established
DWI or sobriety court program certified by the La. Supreme Court Drug Court Office, the
National Highway Safety Commission, or the La. Highway Safety Commission, with the
consent of the district attorney, the court may place the defendant on probation for a period
of no more than four years if the court determines that the successful completion of the SB NO. 553
SLS 12RS-897 ORIGINAL
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
program may require that the period of probation exceed the two-year limit.
Present law provides that the dismissal of a prosecution has the same effect as an acquittal,
except that the conviction may be considered as a first offense and provide the basis for
subsequent prosecution of the party as a multiple offender. Present law further provides that
discharge and dismissal under present law may occur only once with respect to any person
during a five-year period. Present law further provides that discharge and dismissal under
present law for the offense of operating a vehicle while intoxicated may occur only once
with respect to any person during a 10-year period.
Proposed law retains present law and adds that discharge and dismissal may occur on a
single subsequent prosecution and conviction during a 10-year period under the following
conditions:
1. The offender has successfully completed a DWI or sobriety court program pursuant
to proposed law.
2. The remaining provisions of present law have been satisfied.
Effective August 1, 2012.
(Amends C.Cr.P. Art. 894(B)(2); adds C.Cr.P. Art. 894(A)(7) and (B)(3))