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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 ENROLLED
SENATE BILL NO. 553
BY SENATOR CLAITOR
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
more than four years if the court determines that the successful completion of18
the program may require that the period of probation exceed the two-year limit.19
If necessary to assure successful completion of the driving while intoxicated20
court or sobriety court program, the court may extend the duration of the21
probation period. The period of probation as initially fixed or as extended shall22
not exceed four years.23
B. * * *24
(2) The dismissal of the prosecution shall have the same effect as an25
acquittal, except that the conviction may be considered as a first prior offense and26
provide the basis for subsequent prosecution of the party as a multiple offender.27
ACT No. 670 SB NO. 553 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Discharge and dismissal under this provision may occur only once with respect to1
any person during a five-year period. However, Except as provided in2
Subparagraph (3) of this Paragraph, discharge and dismissal under this provision3
for the offense of operating a vehicle while intoxicated may occur only once with4
respect to any person during a ten-year period.5
(3) Discharge and dismissal pursuant to the provisions of this6
Subparagraph may occur on a single subsequent prosecution and conviction7
which occurs during the ten-year period provided for in Subparagraph (B)(2)8
of this Article if the following conditions are met: 9
(a) The offender has successfully completed a driving while intoxicated10
court or sobriety court program pursuant to Subparagraph (A)(7) of this11
Article.12
(b) The conditions imposed by the court pursuant to the provisions of13
Subparagraph (A)(3) of this Article have been met.14
* * *15
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: