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 178 Engrossed 2020 Regular Session Marino
Abstract: Provides relative to the court's authority to defer a sentence for a violation of certain
Uniform Controlled Dangerous Substances Law offenses and provides that the restriction of
certain dismissals of prosecution may occur only twice.
Present law provides that the court shall not defer a sentence for an offense or an attempted offense
that is designated in the court minutes as a crime of violence or that is defined as a sex offense,
involving a child under the age of 17 years or for a violation of the Uniform Controlled Dangerous
Substances Law that is punishable by a term of imprisonment of more than five years or for a
violation of present law.
Proposed law amends present law to provide that the court shall not defer a sentence for a violation
of the Uniform Controlled Dangerous Substances Law that is punishable by a term of imprisonment
of more than 10 years, instead of five years, or for a violation of present law.
Present law provides that upon motion of the defendant, if the court finds at the conclusion of the
probationary period that the probation of the defendant has been satisfactory, the court may set the
conviction aside and dismiss the prosecution. Present law further provides that the dismissal shall
occur only once with respect to any person.
Proposed law increases the limitations on the number of dismissals from prosecution pursuant to
present law from not more than once to not more than twice.
Present law provides that when a case is accepted into a drug court division probation program
pursuant to present law and at the conclusion of the probationary period the court finds that the
defendant has successfully completed all conditions of probation, the court with the concurrence of
the district attorney may set aside the conviction and dismiss prosecution. Present law further
provides that the dismissal may occur only once with respect to any person.
Proposed law increases the limitations on the number of dismissals from prosecution pursuant to
present law from not more than once to not more than twice.
Present law provides that when a defendant, who has been committed to the custody of the Dept. of
Public Safety and Corrections to serve a sentence in the intensive incarceration program pursuant
to present law, has successfully completed the intensive incarceration program as well as
successfully completed all other conditions of parole or probation, and if the defendant is otherwise
eligible, the court with the concurrence of the district attorney may set aside the conviction and dismiss prosecution. Present law further provides that the dismissal may occur only once with
respect to any person. Proposed law increases the limitations on the number of dismissals from prosecution pursuant to
present law from not more than once to not more than twice.
(Amends C.Cr.P. Art. 893(E)(1)(b), (2), (3)(c), and (4))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill:
1. Restore the present law prohibition on deferral of a sentence for certain violations of the
Uniform Controlled Dangerous Substances Law, except that the prohibition will only
apply to offenses punishable by a term of imprisonment for more than 10 years.
2. Increase the limitations on the number of dismissals from prosecution pursuant to present
law from not more than once to not more than twice.