HLS 14RS-510 REENGROSSED
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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. 683
BY REPRESENTATIVES TERRY LANDRY AND KATRI NA JACKSON
COURTS: Amends eligibility requirements for participation in drug courts and provides
relative to annual evaluations of drug courts
AN ACT1
To amend and reenact R.S. 13:5304(B)(10) and (K), relative to district courts' drug division2
probation programs; to expand eligibility for participation in the drug division3
probation program to defendants with certain prior felony convictions; to require that4
drug division program evaluations shall include information on recidivism reduction5
and outcome data on participants; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 13:5304(B)(10) and (K) are hereby amended and reenacted to read8
as follows: 9
§5304. The drug division probation program10
* * *11
B. Participation in probation programs shall be subject to the following12
provisions:13
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(10) In order to be eligible for the drug division probation program, the15
defendant must satisfy each of the following criteria:16
(a) The defendant cannot have any prior felony convictions conviction for17
any offenses offense defined as crimes of violence in R.S. 14:2(B) as a homicide in18
R.S. 14:29.19 HLS 14RS-510 REENGROSSED
HB NO. 683
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are additions.
(b) The crime before the court cannot be a crime of violence as defined in1
R.S. 14:2(B), including domestic violence or an offense of domestic abuse battery2
which is punishable by imprisonment at hard labor as provided in R.S. 14:35.3.3
(c) Other criminal proceedings alleging commission of a crime of violence4
as defined in R.S. 14:2(B) cannot be pending against the defendant.5
(d) Repealed by Acts 2013, No. 389, §5.6
(e)(d) The crime before the court cannot be a charge of driving under the7
influence of alcohol or any other drug or drugs that resulted in the death of a person.8
(f) Repealed by Acts 2013, No. 389, §5.9
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K. Each drug division shall develop a method of evaluation so that its11
effectiveness can be measured. These evaluations shall be compiled annually and12
transmitted to the judicial administrator of the Supreme Court of Louisiana and shall13
include information on recidivism reduction and outcome data on the participants in14
the program.15
* * *16
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)]
Terry Landry HB No. 683
Abstract: Provides for eligibility criteria related to district courts' drug division probation
programs and their annual reporting requirements.
Present law authorizes each district court to create a drug division probation program and
further provides for participation, eligibility, notification, and reporting requirements.
Proposed law retains present law.
Present law prohibits the following defendants from participating in the drug division
probation program:
(1)A defendant who has prior felony convictions for any offenses defined as crimes of
violence pursuant to present law (R.S. 14:2(B)).
(2)A defendant whose current charge is for a crime of violence as defined by present
law or an offense that involves domestic violence. HLS 14RS-510 REENGROSSED
HB NO. 683
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are additions.
Present law defines homicide as the killing of a human being by the act, procurement, or
culpable omission of another and includes first degree murder, second degree murder,
manslaughter, negligent homicide, and vehicular homicide.
Proposed law amends present law to provide for the following:
(1)A defendant who has a prior felony conviction for any offense defined as a crime of
violence pursuant to present law, except for any homicide offense as defined by
present law, shall be eligible to participate in a drug division probation program.
(2)A defendant whose current charge before the court is a crime of violence as defined
by present law or a felony offense of domestic abuse battery as defined by present
law shall not be eligible to participate in a drug division probation program.
Present law requires each drug division to develop a method of evaluation to be compiled
annually and transmitted to the judicial administrator of the Louisiana Supreme Court.
Proposed law retains present law and further requires that the evaluations shall include
information on recidivism reduction and outcome data on the participants in the program.
(Amends R.S. 13:5304(B)(10) and (K))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Changed the lead author.
House Floor Amendments to the engrossed bill.
1. Amended proposed law to provide that a defendant with a former conviction for
a crime of violence, except for any homicide offense, is eligible to participate in
a drug division probation program.
2. Amended proposed law to provide that a person whose current charge before the
court is a felony offense of domestic abuse battery shall not be eligible to
participate in a drug division probation program.
3. Made technical corrections.