ENROLLED
ACT No. 70
2020 Regular Session
HOUSE BILL NO. 178
BY REPRESENTATIVE MARINO
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Article 893(E)(1)(b), (2), (3)(c), and (4),
3 relative to suspension and deferral of sentence and probation in felony cases; to
4 provide relative to the deferral of a sentence for certain drug offenses; to provide
5 relative to dismissals of prosecution; to provide that the restriction that certain
6 dismissals may occur only twice; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Criminal Procedure Article 893(E)(1)(b), (2), (3)(c), and (4) are
9 hereby amended and reenacted to read as follows:
10 Art. 893. Suspension and deferral of sentence and probation in felony cases
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12 E.(1)
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14 (b) The court shall not defer a sentence under this provision for an offense
15 or an attempted offense that is designated in the court minutes as a crime of violence
16 pursuant to Article 890.3 or that is defined as a sex offense by R.S. 15:541, involving
17 a child under the age of seventeen years or for a violation of the Uniform Controlled
18 Dangerous Substances Law that is punishable by a term of imprisonment of more
19 than five ten years or for a violation of R.S. 40:966(A), 967(A), 968(A), 969(A), or
20 970(A).
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1 (2) Upon motion of the defendant, if the court finds at the conclusion of the
2 probationary period that the probation of the defendant has been satisfactory, the
3 court may set the conviction aside and dismiss the prosecution. The dismissal of the
4 prosecution shall have the same effect as acquittal, except that the conviction may
5 be considered as a first offense and provide the basis for subsequent prosecution of
6 the party as a habitual offender except as provided in R.S. 15:529.1(C)(3). The
7 conviction may be considered as a prior offense for purposes of any other law or
8 laws relating to cumulation of offenses. Dismissal under this Paragraph shall occur
9 only once twice with respect to any person.
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11 (3)
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13 (c) Dismissal under this Paragraph shall have the same effect as an acquittal
14 for purposes of expungement under the provisions of Title XXXIV of this Code and
15 may occur only once twice with respect to any person.
16 (4) When a defendant, who has been committed to the custody of the
17 Department of Public Safety and Corrections to serve a sentence in the intensive
18 incarceration program pursuant to the provisions of Article 895(B)(3), has
19 successfully completed the intensive incarceration program as well as successfully
20 completed all other conditions of parole or probation, and if the defendant is
21 otherwise eligible, the court with the concurrence of the district attorney may set
22 aside the conviction and dismiss prosecution, whether the defendant's sentence was
23 suspended under Paragraph A of this Article or deferred under Subparagraph (1) of
24 this Paragraph. The dismissal of prosecution shall have the same effect as an
25 acquittal, except that the conviction may be considered as a first offense and provide
26 the basis for subsequent prosecution of the party as a habitual offender except as
27 provided in R.S. 15:529.1(C)(3). The conviction may be considered as a prior
28 offense for purposes of any other law or laws relating to cumulation of offenses.
29 Dismissal under this Subparagraph shall have the same effect as an acquittal for
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1 purposes of expungement under the provisions of Title XXXIV of this Code and
2 may occur only once twice with respect to any person.
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SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.