HLS 21RS-813 ENGROSSED
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), relative to suspension
3 and deferral of sentence and probation in misdemeanor cases; to provide relative to
4 discharge and dismissal of prosecutions; to remove the restriction that discharge and
5 dismissal may occur only once during a five-year period; and to provide for related
6 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.
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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,
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-813 ENGROSSED
HB NO. 232
1 discharge Discharge and dismissal under this provision for the offense of operating
2 a vehicle while intoxicated may occur only once with respect to any person during
3 a ten-year period.
4 * * *
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 Engrossed 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.
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.
(Amends C.Cr.P. Art. 894(B)(2))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Restores present law provisions that allow for discharge and dismissal for DWI
to occur only once in a 10-year period.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.