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))