RDCSB70 2697 3609
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)]
SB 70 Reengrossed 2018 Regular Session Mizell
Present law provides that when the court places a defendant on probation, it is to require the
defendant to refrain from criminal conduct and to pay a supervision fee, and it may impose
any specific conditions reasonably related to his rehabilitation, including that the defendant
agrees to searches of his person, his property, his place of residence, his vehicle, or his
personal effects, or any or all of them, at any time, by the probation officer or the parole
officer assigned to him, with or without a warrant of arrest or with or without a search
warrant, when the probation officer or the parole officer has reasonable suspicion to believe
that the person who is on probation is engaged in or has been engaged in criminal activity.
Proposed law retains present law and adds that these searches may also be conducted by any
probation officer or parole officer assigned or directed by the Dept. of Public Safety and
Corrections to conduct the search.
Present law provides relative to decisions of the committee on parole and the nature, order,
and conditions of parole. Present law further provides that one condition that the committee
on parole may impose is that the parolee must agree to visits at his residence or place of
employment by the probation and parole officer at any time, and to searches of his person,
property, residence, or vehicle, when reasonable suspicion exists that criminal activity has
been engaged in while on parole.
Proposed law defines "probation and parole officer" as either the probation and parole
officer originally assigned to the parolee or any probation and parole officer who is
subsequently assigned or directed by the Dept. of Public Safety and Corrections to supervise
the parolee, whether or not such assignment is temporary or permanent.
Proposed law otherwise retains present law.
Proposed law provides that the provisions of proposed law are intended to legislatively
overrule the La. Supreme Court's decision in State of Louisiana v. Brignac, 17-448, (La.
10/18/17), 234 So.3d 46, to the extent that the court held that a warrantless search of a
probationer's residence violates the provisions of present law (C.Cr.P. Art. 895(A)(13)(a))
relative to a warrantless search of a probationer's residence when the search is not conducted
by the probation officer assigned to the probationer by the Dept. of Public Safety and
Corrections.
Effective Aug. 1, 2018.
(Amends C.Cr.P. Art. 895(A)(13)(a); Adds R.S. 15:574.4.2(I))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Makes Legislative Bureau technical corrections.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the reengrossed bill:
1. Make technical corrections.
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