HLS 22RS-643 ENGROSSED
2022 Regular Session
HOUSE BILL NO. 282
BY REPRESENTATIVE MARINO
PROBATION: Provides relative to the probation of defendants in drug division probation
programs or specialty court programs
1 AN ACT
2To amend and reenact R.S. 13:5304(B)(3)(b) and Code of Criminal Procedure Article
3 893(B)(3), relative to probation programs; to provide relative to the probation period
4 for certain defendants who participate in a drug division probation program; to
5 provide relative to the supervision of defendants on probation in specialty court
6 programs; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 13:5304(B)(3)(b) is hereby amended and reenacted to read as
9follows:
10 ยง5304. The drug division probation program
11 * * *
12 B. Participation in probation programs shall be subject to the following
13 provisions:
14 * * *
15 (3) In offering a defendant the opportunity to request treatment, the court
16 shall advise the defendant of the following:
17 * * *
18 (b) If the defendant requests to undergo treatment and is accepted, the
19 defendant will be placed under the supervision of the drug division probation
20 program for a period of determined by the court, except that the probation period for
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-643 ENGROSSED
HB NO. 282
1 a defendant convicted of a violation of R.S. 14:98, 98.1, 98.2, or 98.3 shall not be
2 less than twelve months.
3 * * *
4 Section 2. Code of Criminal Procedure Article 893(B)(3) is hereby amended and
5reenacted to read as follows:
6 Art. 893. Suspension and deferral of sentence and probation in felony cases
7 * * *
8 B.
9 * * *
10 (3) When suspension is allowed under this Paragraph, the defendant shall be
11 placed on probation under the supervision of the division of probation and parole.
12 If the defendant has been sentenced to complete a specialty court program as
13 provided in Subsubparagraph (2)(b) of this Paragraph, the defendant may be placed
14 on probation under the supervision of a probation office, agency, or officer
15 designated by the court, other than the division of probation and parole of the
16 Department of Public Safety and Corrections. The period of probation shall be
17 specified and shall not be more than three years, except as provided in Paragraph G
18 of this Article. The suspended sentence shall be regarded as a sentence for the
19 purpose of granting or denying a new trial or appeal.
20 * * *
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 282 Engrossed 2022 Regular Session Marino
Abstract: Provides relative to the probation of certain defendants who are placed in a drug
division probation program or specialty court program.
Present law (R.S. 13:5304) relative to drug division probation programs, provides that in
offering a defendant the opportunity to request treatment, the court shall advise the defendant
that he will be placed under the supervision of the drug division probation program for not
less than 12 months.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-643 ENGROSSED
HB NO. 282
Proposed law amends present law to provide that the court will determine the period of time
a defendant will be placed under the supervision of the drug division probation program,
except that the probation period for a defendant convicted of an offense of present law (R.S.
14.98, 98.1, 98.2, or 98.3), relative to operating a vehicle while intoxicated, shall not be less
than 12 months.
Present law (C.Cr.P. Art. 893) authorizes the court, upon consent of the district attorney, to
suspend the sentence of a defendant after a fourth or subsequent conviction of a noncapital
felony. Further provides that when suspension is allowed under present law, the defendant
is required to be placed on probation under the supervision of the division of probation and
parole. Requires the period of probation to be specified and to not be more than three years,
except as otherwise provided in present law.
Proposed law retains present law and adds that if a defendant has been sentenced to complete
a specialty court program as provided in present law (C.Cr.P. Art. 893(B)(2)), the defendant
may be placed on probation under the supervision of a probation office, agency, or officer
designated by the court, other than the division of probation and parole of the Dept. of Public
Safety and Corrections.
(Amends R.S. 13:5304(B)(3)(b) and C.Cr.P. Art. 893(B)(3))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.