HLS 14RS-609 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 327
BY REPRESENTATIVE LOPINTO
PROBATION: Provides for a contradictory hearing on the discharge of conditions of
probation and on the termination of a defendant's suspended sentence or probation
AN ACT1
To amend and reenact Code of Criminal Procedure Articles 896 and 897, relative to2
probation; to require a contradictory hearing on the discharge of conditions of3
probation; to require a contradictory hearing on the termination of a defendant's4
probation or suspended sentence; to authorize the state to waive such hearings; and5
to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Code of Criminal Procedure Articles 896 and 897 are hereby amended8
and reenacted to read as follows: 9
Art. 896. Modifying or changing conditions of probation 10
A. The court may, at any time during the probation period, modify , change,11
or discharge change the conditions of probation, or add further conditions authorized12
by Article 895.13
B. The court may, at any time during the probation period, discharge the14
conditions of probation after a contradictory hearing which may be waived by the15
state in writing.16
Art. 897. Termination of probation or suspended sentence; discharge of defendant17
A. In a felony case , after a contradictory hearing which may be waived by18
the state in writing, the court may terminate the defendant's probation, early or as19 HLS 14RS-609 ORIGINAL
HB NO. 327
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
unsatisfactory, and discharge him at any time after the expiration of one year of1
probation.2
B. In a misdemeanor case, after a contradictory hearing which may be3
waived by the state in writing, the court may terminate the defendant's suspended4
sentence or probation and discharge him at any time.5
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Lopinto HB No. 327
Abstract: Provides for a contradictory hearing on the discharge of conditions of probation
and on the termination of a defendant's suspended sentence or probation and
authorizes the state to waive such hearings.
Present law (C.Cr.P. Art. 896) authorizes the court to modify, change, or discharge the
conditions of a defendant's probation, or to add further conditions.
Present law (C.Cr.P. Art. 897) authorizes the court to terminate the defendant's probation or
suspended sentence at any time in misdemeanor cases and after one year of probation in
felony cases.
Proposed law retains present law but provides as follows:
(1)The court may only discharge conditions of probation after a contradictory hearing
which may be waived by the state.
(2)The court may only terminate the defendant's probation or suspended sentence and
discharge the defendant after a contradictory hearing which may be waived the state.
(Amends C.Cr.P. Art. 896 and 897)