RÉSUMÉ DIGEST
ACT 61 (HB 77) 2021 Regular Session Marino
Existing 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.
Prior law provided that when it appeared that the best interest of the public and of the
defendant were 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 existing law
(R.S. 14:98), was authorized to 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 existed:
(1)The district attorney consented to the suspension of the sentence.
(2)The court ordered the defendant to do any of the following pursuant to existing 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.
New law provides 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. New law removes the requirement for such defendants to
participate in the prior law speciality court programs.
New law retains the requirement of the consent of the district attorney and the defendant's
participation in the existing law speciality court programs for defendants with a third or
fourth conviction of operating a vehicle while intoxicated.
Effective August 1, 2021.
(Amends C.Cr.P. Art. 893(B))