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)]
HB 271 Reengrossed 2015 Regular Session Billiot
Abstract: Increases the maximum duration of the probation period for a person participating in a
drug division probation program or a driving while intoxicated or sobriety court program to
eight years.
Present law (C.Cr.P. Art. 893(A) and (B)) authorizes the court to suspend the imposition or
execution of a sentence for a defendant convicted of certain felony offenses and place the defendant
on probation for a period not to exceed five years.
Present law (C.Cr.P. Art. 894(A)(1)) authorizes the court to suspend the imposition or execution of
a sentence for a defendant convicted of certain misdemeanor offenses and place the defendant on
probation for a period not to exceed two years.
Present law (C.Cr.P. Art. 894(A)(6) and (7)) provides if a case is assigned to a drug division
probation program or to an established driving while intoxicated or sobriety court program for a
misdemeanor offense, with the consent of the district attorney, the court may place the defendant on
supervised probation for a maximum of four years if the court determines that successful completion
of the program may require that the period of probation exceed the two-year limit.
Present law (R.S. 13:5304) authorizes defendants who commit certain alcohol- or drug-related
offenses to participate in a drug division probation program or a driving while intoxicated or sobriety
court program when certain eligibility requirements are met. If accepted into the program, the
defendant must enter a plea of guilty to the charge, the defendant's sentence is suspended, and the
defendant is placed on supervised probation under the usual conditions of probation and under
special conditions of probation related to the completion of such substance abuse treatment programs
as are ordered by the court.
Present law (R.S. 13:5304) further provides that if the defendant successfully completes the
probation program, the court may set aside the conviction and the prosecution may be dismissed in
accordance with the provisions of present law.
Proposed law (C.Cr.P. Art. 893(A) and (B)) increases the maximum duration of the probation period
for a person participating in a drug division probation program or a driving while intoxicated or
sobriety court program for a felony offense from five years to eight years.
Proposed law (C.Cr.P. Art. 894(A)(6) and (7)) increases the maximum duration of the probation
period for a person participating in a drug division probation program or a driving while intoxicated or sobriety court program for a misdemeanor offense from four years to eight years.
(Amends C.Cr.P. Arts. 893(A), (B)(1)(a)(iv)(aa) and (bb), and (B)(1)(b) and 894(A)(6) and (7),
(B)(1), and (D)(1))