HLS 21RS-813 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 232
BY REPRESENTATIVES MARINO AND JAMES
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/SENTENCING: Provides relative to discharge and dismissals of prosecutions
for misdemeanor convictions
1 AN ACT
2To amend and reenact Code of Criminal Procedure Article 894(B)(2) and to repeal Code of
3 Criminal Procedure Article 894(B)(3), relative to suspension and deferral of sentence
4 and probation in misdemeanor cases; to provide relative to discharge and dismissal
5 of prosecutions; to remove the restriction that discharge and dismissal may occur
6 only once during a five-year period; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Criminal Procedure Article 894(B)(2) is hereby amended and
9reenacted to read as follows:
10 Art. 894. Suspension and deferral of sentence; probation in misdemeanor cases
11 * * *
12 B.
13 * * *
14 (2) The dismissal of the prosecution shall have the same effect as an
15 acquittal, except that the conviction may be considered as a prior offense and provide
16 the basis for subsequent prosecution of the party as a multiple offender. Discharge
17 and dismissal under this provision may occur only once with respect to any person
18 during a five-year period. Except as provided in Subparagraph (3) of this Paragraph,
19 discharge Discharge and dismissal under this provision for the offense of operating
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-813 ORIGINAL
HB NO. 232
1 a vehicle while intoxicated may occur only once with respect to any person during
2 a ten-year five-year period.
3 * * *
4 Section 2. Code of Criminal Procedure Article 894(B)(3) is hereby repealed in its
5entirety.
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 232 Original 2021 Regular Session Marino
Abstract: Provides relative to discharge and dismissal of misdemeanor convictions and
removes the restriction that such discharge and dismissal may occur only once with
respect to any person during a five-year period.
Present law relative to misdemeanor convictions, provides that dismissal of prosecution shall
have the same effect as an acquittal, except that the conviction may be considered as a prior
offense and provide the basis for subsequent prosecution of the party as a multiple offender.
Provides that such discharge and dismissal may occur only once with respect to any person
during a five-year period. Further provides that discharge and dismissal for the offense of
operating a vehicle while intoxicated may occur only once with respect to any person during
a 10-year period.
Proposed law amends present law to remove the restriction that discharge and dismissal may
occur only once with respect to any person during a five-year period. Further provides that
a discharge and dismissal for the offense of operating a vehicle while intoxicated may occur
only once within a five-year period rather than a 10-year period.
Present law provides that discharge and dismissal may occur on a single subsequent
prosecution and conviction which occurs during a 10-year period if the following conditions
are met:
(1)The offender has successfully completed a driving while intoxicated court or sobriety
court program.
(2)The conditions imposed by the court pursuant to the provisions of present law
(C.Cr.P. Art. 894(A)(3)) have been met.
Proposed law repeals present law.
(Amends C.Cr.P. Art. 894(B)(2); Repeals C.Cr.P. Art. 894(B)(3))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.