HB 214: PROBATION: Provides relative to revocation of probation (EN INCREASE GF EX See Note) - Louisiana

HB214 Original → HB214 Act 72 · 4 edits

MODERATE

This bill updates the legal procedures for handling probation violations in Louisiana, specifically clarifying how sentences are served when probation is revoked and defining what counts as a 'technical violation' that does not require immediate jail time. It also adds a new section regarding the revocation of probation when a defendant commits another serious crime while on probation.

Scope change

The bill expands the scope of the law by adding a new article (Art. 901) that outlines specific grounds for revoking probation if a defendant commits a new felony or misdemeanor while already on probation.

REQUIREMENT

Removed the option for courts to give credit for time served on probation when a sentence is revoked, requiring the defendant to serve the full suspended sentence.

Created a new article establishing that probation can be revoked if a defendant on felony probation commits or is convicted of another felony or specific misdemeanors.

DEFINITION

Updated the list of offenses that are considered 'technical violations' (minor infractions) to explicitly include violations of drug paraphernalia laws alongside existing marijuana possession exceptions.

ELIGIBILITY

Added a new provision stating that probation must be revoked immediately if a defendant fails to complete a court-ordered drug or specialty court program after committing a new crime.

HB214 Enrolled → HB214 Original · 3 edits

MINOR

This bill updates the legal citation for a specific article in the Louisiana Code of Criminal Procedure and clarifies the consequences of probation revocation. It removes the option for courts to give credit for time served on probation when a sentence is revoked, meaning defendants must serve the full suspended sentence. Additionally, it adds drug paraphernalia violations to the list of offenses that are considered technical violations rather than grounds for immediate revocation.

Scope change

The bill applies to all defendants in Louisiana whose probation is revoked under the specified Code of Criminal Procedure articles.

REQUIREMENT

Changed the legal citation for Article 900 from (A)(6)(e)(i)(bb) to (A)(5) and (6)(e)(i)(bb) to correct a reference error.

Removed the provision allowing courts to give credit for time served on probation when revoking probation and ordering the defendant to serve the suspended sentence.

DEFINITION

Added drug paraphernalia violations to the list of offenses classified as technical violations, which are handled administratively rather than through full revocation proceedings.

HB214 Reengrossed → HB214 Enrolled · 3 edits · Jun 4, 2025

MINOR

The bill was finalized as an enrolled version, removing the 'Reengrossed' status and digest text while retaining the core legislative text. The substantive content regarding probation revocation rules remains identical to the previous version, with no changes to eligibility, definitions, or enforcement mechanisms.

Scope change

The bill's scope and applicability remain unchanged; the transition from 'Reengrossed' to 'Enrolled' is a procedural status update indicating the bill is in its final form for signing.

TECHNICAL

Removed the 'Reengrossed' header and the legislative digest/abstract text, which are informational summaries not part of the final law.

Added the 'Enrolled' header and signatures for the Speaker of the House, President of the Senate, and Governor, indicating the bill has passed all legislative stages.

Adjusted page numbering from 'Page 1 of 4' to 'Page 1 of 3' to reflect the removal of the digest section.

HB214 Engrossed → HB214 Reengrossed · 4 edits · May 28, 2025

MODERATE

This bill updates the legal procedures for revoking probation in Louisiana. It clarifies how sentences are served after revocation, expands the list of minor offenses considered 'technical violations' to include possession of drug paraphernalia, and changes the rules for when probation must be revoked for new felony convictions.

Scope change

The bill applies to all defendants on probation for felonies who commit or are convicted of new offenses.

REQUIREMENT

Removed the option for courts to give credit for time served on probation when a sentence is revoked, requiring the defendant to serve the full suspended sentence.

DEFINITION

Added drug paraphernalia offenses to the list of minor violations that are automatically treated as technical violations rather than serious breaches of probation.

ENFORCEMENT

Changed the rule for new felony convictions from permissive revocation (court discretion) to mandatory revocation, requiring the court to revoke probation immediately upon conviction.

ELIGIBILITY

Removed the provision allowing probation revocation for misdemeanor convictions, limiting mandatory revocation to felony offenses only.

PROBATION: Provides relative to revocation of probation (EN INCREASE GF EX See Note)

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