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ACT No. 633
Regular Session, 2014
HOUSE BILL NO. 681
BY REPRESENTATIVES THIERRY AND KATRINA JACKSON
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
Art. 900. Violation hearing; sanctions19
A. After an arrest pursuant to Article 899, the court shall cause a defendant20
who continues to be held in custody to be brought before it within thirty days for a21
hearing. If a summons is issued pursuant to Article 899, or if the defendant has been22
admitted to bail, the court shall set the matter for a violation hearing within a23 ENROLLEDHB NO. 681
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reasonable time. The hearing may be informal or summary. If the court decides that1
the defendant has violated, or was about to violate, a condition of his probation it2
may:3
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(6)5
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(c) A "technical violation", as used in this Paragraph, means any violation7
except it shall not include any of the following:8
(i) Being arrested, charged, or convicted of any of the following:9
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(bb) A violation of any provision of Title 40 of the Louisiana Revised11
Statutes of 1950, except for misdemeanor possession of marijuana or12
tetrahydrocannabinol, or chemical derivatives thereof, as provided in R.S.13
40:966(E)(1), which shall be considered a "technical violation".14
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: