ENROLLED
ACT No. 124
2021 Regular Session
HOUSE BILL NO. 232
BY REPRESENTATIVES MARINO AND JAMES
1 AN ACT
2 To 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.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Criminal Procedure Article 894(B)(2) is hereby amended and
9 reenacted to read as follows:
10 Art. 894. Suspension and deferral of sentence; probation in misdemeanor cases
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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,
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. HB NO. 232 ENROLLED
1 a vehicle while intoxicated may occur only once with respect to any person during
2 a ten-year period.
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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.