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 Original 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.
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))