Louisiana 2014 2014 Regular Session

Louisiana House Bill HB683 Comm Sub / Analysis

                    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.  
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.