HLS 21RS-409 ENGROSSED
2021 Regular Session
HOUSE BILL NO. 77
BY REPRESENTATIVES MARINO, JONES, LANDRY, AND MARCELLE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PROBATION: Provides relative to the suspension or deferral of sentence and probation in
felony cases
1 AN ACT
2To amend and reenact Code of Criminal Procedure Article 893(B), relative to suspension of
3 sentences in felony cases; to provide relative to fourth or subsequent convictions;
4 to provide relative to the consent of the district attorney; and to provide for related
5 matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Criminal Procedure Article 893(B) is hereby amended and
8reenacted to read as follows:
9 Art. 893. Suspension and deferral of sentence and probation in felony cases
10 * * *
11 B.(1) Notwithstanding any other provision of law to the contrary, when it
12 appears that the best interest of the public and of the defendant will be served, the
13 court, after a fourth or subsequent conviction of a noncapital felony may suspend,
14 in whole or in part, the imposition or execution of the sentence upon consent of the
15 district attorney.
16 (2) or after After a third or fourth conviction of operating a vehicle while
17 intoxicated pursuant to R.S. 14:98, the court may suspend, in whole or in part, the
18 imposition or execution of the sentence when the defendant was not offered such
19 alternatives prior to his fourth conviction of operating a vehicle while intoxicated
20 and the following conditions exist:
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 77
1 (a) The district attorney consents to the suspension of the sentence.
2 (b) The court orders the defendant to do any of the following:
3 (i) Enter and complete a program provided by the drug division of the district
4 court pursuant to R.S. 13:5301 et seq.
5 (ii) Enter and complete an established driving while intoxicated court or
6 sobriety court program.
7 (iii) Enter and complete a mental health court program established pursuant
8 to R.S. 13:5351 et seq.
9 (iv) Enter and complete a Veterans Court program established pursuant to
10 R.S. 13:5361 et seq.
11 (v) Enter and complete a reentry court program established pursuant to R.S.
12 13:5401.
13 (vi) Reside for a minimum period of one year in a facility which conforms
14 to the Judicial Agency Referral Residential Facility Regulatory Act, R.S. 40:2851 et
15 seq.
16 (vii) Enter and complete the Swift and Certain Probation Pilot Program
17 established pursuant to R.S. 13:5371 et seq.
18 (2)(3) When suspension is allowed under this Paragraph, the defendant shall
19 be placed on probation under the supervision of the division of probation and parole.
20 The period of probation shall be specified and shall not be more than three years,
21 except as provided in Paragraph G of this Article. The suspended sentence shall be
22 regarded as a sentence for the purpose of granting or denying a new trial or appeal.
23 * * *
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 77 Engrossed 2021 Regular Session Marino
Abstract: Authorizes the court, after a defendant's fourth or subsequent conviction of a
noncapital felony, to suspend the imposition or execution of a sentence upon consent
of the district attorney.
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 77
Present law authorizes the court to suspend a sentence and place a defendant on probation
after a first, second, or third conviction for a noncapital felony. Provides that the period of
probation shall be specified and shall not be more than three years.
Present law further provides that when it appears that the best interest of the public and of
the defendant will be served, the court, after a fourth conviction of a noncapital felony or
after a third or fourth conviction of operating a vehicle while intoxicated pursuant to present
law (R.S. 14:98), may suspend, in whole or in part, the imposition or execution of the
sentence when the defendant was not offered such alternatives prior to his fourth conviction
of operating a vehicle while intoxicated and the following conditions exist:
(1)The district attorney consents to the suspension of the sentence.
(2)The court orders the defendant to do any of the following pursuant to present law:
(a)Enter and complete a program provided by the drug division of the district
court.
(b)Enter and complete an established driving while intoxicated court or sobriety
court program.
(c)Enter and complete a mental health court program.
(d)Enter and complete a Veterans Court program.
(e)Enter and complete a reentry court program.
(f)Reside for a minimum period of one year in a facility which conforms to the
Judicial Agency Referral Residential Facility Regulatory Act.
(g)Enter and complete the Swift and Certain Probation Pilot Program.
Proposed law amends present law to provide that after a fourth or subsequent conviction of
a noncapital felony, the court may suspend, in whole or in part, the imposition or execution
of the sentence upon the consent of the district attorney. Proposed law removes the
requirement for such defendants to participate in the present law speciality court programs.
Proposed law retains the requirement of the consent of the district attorney and the
defendant's participation in the present law speciality court programs for defendants with a
third or fourth conviction of operating a vehicle while intoxicated.
(Amends C.Cr.P. Art. 893(B))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.