Billiot HB No. 271
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
PROBATION: Provides relative to substance abuse probation.
DIGEST
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.
Present law provides relative to certain substance abuse probation programs for non-violent
first and second offense drug offenders.
Proposed law extends the sunset provision relative to these substance abuse probation
programs from 8/1/2016 to 8/1/2020. Proposed law otherwise retains present law.
(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) and Act No. 389 of 2013 R.S., ยง4)
Page 1 of 2
Prepared by Alden A. Clement, Jr. Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
reengrossed bill
1. Extend the sunset provision relative to certain substance abuse probation
programs from 8/1/2016 to 8/1/2020.
Page 2 of 2
Prepared by Alden A. Clement, Jr.