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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 Traffic Safety Administration, or the15
Louisiana Highway Safety Commission, with the consent of the district16
attorney, the court may place the defendant on probation for a period of not17 SB NO. 553
SLS 12RS-897 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
more than four years if the court determines that the successful completion of1
the program may require that the period of probation exceed the two-year limit.2
If necessary to assure successful completion of the driving while intoxicated3
court or sobriety court program, the court may extend the duration of the4
probation period. The period of probation as initially fixed or as extended shall5
not exceed four years.6
B. * * *7
(2) The dismissal of the prosecution shall have the same effect as an8
acquittal, except that the conviction may be considered as a first prior offense and9
provide the basis for subsequent prosecution of the party as a multiple offender.10
Discharge and dismissal under this provision may occur only once with respect to11
any person during a five-year period, subject to the provisions of Paragraph (A)(3)12
of this Article. However, discharge and dismissal under this provision for the13
offense of operating a vehicle while intoxicated may occur only once with respect14
to any person during a ten-year period, subject to the provisions of Paragraph15
(A)(3) of this Article.16
(3) Discharge and dismissal under this provision may occur on a single17
subsequent prosecution and conviction during a ten-year period under the18
following conditions:19
(a) The offender has successfully completed a driving while intoxicated20
court or sobriety court program pursuant to Paragraph (A)(7) of this Article.21
(b) The remaining provisions of this Article have been satisfied.22
* * *23
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Claitor (SB 553)
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 SB NO. 553
SLS 12RS-897 ENGROSSED
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
National Highway Traffic Safety Administration, 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 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.
Proposed law changes the reference in present law from "first offense" to "prior offense" but
otherwise retains present law.
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))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Changes reference in proposed law from "National Highway Safety
Commission" to "National Highway Traffic Safety Administration."
2. Changes reference in present law from "first offense" to "prior offense."