SLS 14RS-668 ORIGINAL
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 398
BY SENATOR MILLS AND REPRESENTATIVE EDWARDS
CONTROL DANGER SUBSTANCE. Provides relative to eligibility for a drug division
probation program. (8/1/14)
AN ACT1
To amend and reenact R.S. 13:5304(B)(10), relative to drug courts; to provide relative to2
eligibility for a drug division probation program; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 13:5304(B)(10) is hereby amended and reenacted to read as follows:5
§5304. The drug division probation program6
* * *7
B. Participation in probation programs shall be subject to the following8
provisions:9
* * *10
(10) In order to be eligible for the drug division probation program, the11
defendant must satisfy each of the following criteria:12
(a) The defendant cannot have any prior felony convictions for any offenses13
defined as crimes of violence in R.S. 14:2(B).14
(b) The crime before the court cannot be a crime of violence as defined in15
R.S. 14:2(B), including domestic violence.16
(c) (b) Other criminal proceedings alleging commission of a crime of17 SB NO. 398
SLS 14RS-668 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
violence as defined in R.S. 14:2(B) cannot be pending against the defendant.1
(d) Repealed by Acts 2013, No. 389, §5, eff. August 1, 2013.2
(e) (c) The crime before the court cannot be a charge of driving under the3
influence of alcohol or any other drug or drugs that resulted in the death of a person.4
(f) Repealed by Acts 2013, No. 389, §5, eff. August 1, 2013.5
* * *6
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
Mills (SB 398)
Present law provides relative to drug divisions of district courts. Present law further
provides for drug division probation for certain offenders.
Present law provides that in order to be eligible for the drug division probation program, the
defendant must satisfy each of the following criteria:
(1)The defendant cannot have any prior felony convictions for any offenses defined as
crimes of violence in present law.
(2)The crime before the court cannot be a crime of violence as defined in present law.
(3)Other criminal proceedings alleging commission of a crime of violence as defined
in present law cannot be pending against the defendant.
Proposed law deletes the prohibition against a defendant with a prior felony conviction of
a crime of violence being eligible for a drug division probation program.
Proposed law otherwise retains present law.
Effective August 1, 2014.
(Amends R.S. 13:5304(B)(10))