CHAPTER 2. SUSPENDED SENTENCE AND PROBATION Art. 893. Suspension and deferral of sentence and probation in felony cases A.(1)(a) When it appears that the best interest of the public and of the defendant will be served, the court, after a first, second, or third conviction of a noncapital felony, may suspend, in whole or in […]
Art. 893.1. Motion to invoke firearm sentencing provision A. If the district attorney intends to move for imposition of sentence under the provisions of Article 893.3, he shall file a motion within a reasonable period of time prior to commencement of trial of the felony or specifically enumerated misdemeanor in which the firearm was used. […]
Art. 893.2. Discharge, use, or possession of firearm in commission of a felony or a specifically enumerated misdemeanor; submission to jury If a motion was filed by the state in compliance with Article 893.1, a determination shall be made as to whether a firearm was discharged, or used during the commission of the felony or […]
Art. 893.3. Sentence imposed on felony or specifically enumerated misdemeanor in which firearm was possessed, used, or discharged A. If the finder of fact finds beyond a reasonable doubt that the offender actually possessed a firearm during the commission of the felony or specifically enumerated misdemeanor for which he was convicted, the court shall impose […]
Art. 893.4. Inapplicability to unintentional felonies The provisions of Article 893.3 shall not apply to a conviction for a felony in which criminal negligence is an element of the offense unless the firearm was actually used or discharged during the commission of the offense. Acts 1988, No. 319, §1; Acts 1999, No. 575, §1.
Art. 893.5. Community service in lieu of imprisonment A. Except as otherwise prohibited by law, the court may suspend, in whole or in part, the imposition or execution of sentence if: (1) The defendant has not previously been convicted of a felony. (2) The maximum term of imprisonment for the offense is thirty years or […]
Art. 894. Suspension and deferral of sentence; probation in misdemeanor cases A.(1) Notwithstanding any other provision of this Article to the contrary, when a defendant has been convicted of a misdemeanor, except criminal neglect of family, or stalking, the court may suspend the imposition or the execution of the whole or any part of the […]
Art. 894.1. Sentencing guidelines; generally A. When a defendant has been convicted of a felony or misdemeanor, the court should impose a sentence of imprisonment if any of the following occurs: (1) There is an undue risk that during the period of a suspended sentence or probation the defendant will commit another crime. (2) The […]
Art. 894.2. Home incarceration; requirements A. Notwithstanding any other provision of law to the contrary, a defendant may be placed on home incarceration under the following conditions: (1) The defendant is eligible for probation or was convicted of a misdemeanor or a felony punishable with or without hard labor. (2) In felony cases, either: (a) […]
Art. 894.3. Notice to victim for sentencing A. Before sentencing a defendant who has been convicted of a violation of a sex offense as defined in R.S. 15:541, the office of the district attorney shall notify the clerk of court of the name and the address of the victim, and the clerk of court shall […]
Art. 894.4. Probation; extension Probation shall neither be revoked nor extended based solely upon the defendant’s inability to pay fines, fees, or restitution to the victim. Acts 2006, No. 823, §1; Acts 2010, No. 808, §1; Acts 2017, No. 260, §1, eff. Aug. 1, 2018; Acts 2018, No. 137, §1, eff. Aug. 1, 2018; Acts […]
Art. 894.5. Submission of DWI – Code of Criminal Procedure Article 894 Plea Records to office of motor vehicles; forms to be used and completed by the clerk of court TRANSMITTAL OF RECORDS OF DWI PLEA PURSUANT TO ARTICLE 894 _____________________________ _____________________________ _____________________________ ________________ DATE OFFICE OF MOTOR VEHICLES P.O. BOX 64886 BATON ROUGE, LA […]
Art. 895. Conditions of probation A. When the court places a defendant on probation, it shall require the defendant to refrain from criminal conduct and to pay a supervision fee to defray the costs of probation supervision, and it may impose any specific conditions reasonably related to his rehabilitation, including any of the following. That […]
Art. 895.1. Probation; restitution; judgment for restitution; fees NOTE: Subparagraph (A)(1) eff. until Aug. 1, 2022. See Acts 2017, No. 260, and Acts 2021, No. 313. A.(1) When a court places the defendant on probation, it shall, as a condition of probation, order the payment of restitution in cases where the victim or his family […]
Art. 895.2. Probation; restitution for values of wildlife A. In all cases in which the defendant has been convicted of a crime which involves the illegal taking of wild birds, wild quadrupeds, or fish or other aquatic life in violation of the provisions of Title 56 of the Louisiana Revised Statutes of 1950 or of […]
Art. 895.3. Probationer transferred between states; fees The collection of the supervision fee imposed pursuant to Articles 895 and 895.1 shall be suspended upon the transfer of an offender to another state for probation supervision in that state, pursuant to the provisions of the interstate compact for out of state parolee supervision as provided in […]
Art. 895.4. Probation; fees; certified crime stoppers organizations A. Legislative intent (1) The legislature hereby declares that the intention of the legislature in enacting the provisions of this Article is to establish a procedure for raising revenue for the funding of certain operations of certified crime stoppers organizations and to ensure that the procedure established […]
Art. 895.5. Restitution recovery division; district attorneys; establishment A. Restitution recovery division. Notwithstanding any other provision of law to the contrary, each district attorney may establish a special division in the office designated as the “restitution recovery division” for the administration, collection, and enforcement of victim restitution, victim compensation assessments, probation fees, and payments in […]
Art. 895.6. Compliance credits; probation A.(1) Except as provided in Subparagraph (2) of this Paragraph, every defendant on felony probation pursuant to Article 893 for an offense other than a crime of violence as defined in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541 shall be eligible to earn a diminution of […]
Art. 896. Modifying or changing conditions of probation A. The court may, at any time during the probation period, modify, change, or discharge the conditions of probation when either of the following occur: (1) The state has previously provided written verification that it has no opposition to a modification, change, or discharge of the conditions […]
