HLS 14RS-883 ENGROSSED
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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. 681
BY REPRESENTATIVES THIERRY AND KATRINA JACKSON
PROBATION: Amends the definition of "technical violation" for the purposes of
imposition of administrative sanctions and probation violations
AN ACT1
To amend and reenact Code of Criminal Procedure Articles 899.1(D) and2
900(A)(6)(c)(i)(bb), relative to violations of probation conditions; to amend the3
definition of "technical violations" for the purposes of administrative sanctions and4
violations of probation conditions; to amend the definition of "technical violations"5
to include misdemeanor possession of marijuana or tetrahydrocannabinol, or6
chemical derivatives thereof; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Code of Criminal Procedure Articles 899.1(D) and 900(A)(6)(c)(i)(bb)9
are hereby amended and reenacted to read as follows:10
Art. 899.1. Administrative sanctions for technical violations11
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D. For purposes of this Article, "technical violation" means any violation of13
a condition of probation, except for an allegation of a subsequent criminal act.14
Notwithstanding any provision of law to the contrary, if the subsequent alleged15
criminal act is misdemeanor possession of marijuana or tetrahydrocannabinol, or16
chemical derivatives thereof, as provided in R.S. 40:966(E)(1), it shall be considered17
a "technical violation".18 HLS 14RS-883 ENGROSSED
HB NO. 681
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Art. 900. Violation hearing; sanctions1
A. After an arrest pursuant to Article 899, the court shall cause a defendant2
who continues to be held in custody to be brought before it within thirty days for a3
hearing. If a summons is issued pursuant to Article 899, or if the defendant has been4
admitted to bail, the court shall set the matter for a violation hearing within a5
reasonable time. The hearing may be informal or summary. If the court decides that6
the defendant has violated, or was about to violate, a condition of his probation it7
may:8
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(6)10
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(c) A "technical violation", as used in this Paragraph, means any violation12
except it shall not include any of the following:13
(i) Being arrested, charged, or convicted of any of the following:14
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(bb) A violation of any provision of Title 40 of the Louisiana Revised16
Statutes of 1950, except for misdemeanor possession of marijuana or17
tetrahydrocannabinol, or chemical derivatives thereof, as provided in R.S.18
40:966(E)(1) which shall be considered a "technical violation".19
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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)]
Thierry HB No. 681
Abstract: Amends the definition of "technical violations" to include misdemeanor
possession of marijuana or tetrahydrocannabinol, or chemical derivatives thereof, for
purposes of imposition of administrative sanctions and probation violations.
For purposes of imposition of administrative sanctions and probation violations, present law
defines "technical violation" as any violation except that it shall not include being arrested,
charged, or convicted of any violation of the Uniform Controlled Dangerous Substances
Law. HLS 14RS-883 ENGROSSED
HB NO. 681
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law amends the definition of "technical violation" to include a violation of
misdemeanor possession of marijuana or tetrahydrocannabino l, or chemical derivatives
thereof.
(Amends C.Cr.P. Art. 899.1(D) and 900(A)(6)(c)(i)(bb))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Removed misdemeanor possession of synthetic cannabinoids from the proposed
law definition of "technical violation".
2. Changed the lead author.